Chap. 34.—An ACT to provide a charter and special form of government for
the city of Norfolk and to repeal the existing charter of said city, ap-
proved March 14, 1906, and the several acts amendatory thereof, approved
respectively March 12, 1908, March 14, 1908, March 7, 1912, March 13,
1912, March 13, 1914, March 17, 1914, March 24, 1914, March 25, 1914,
March 25, 1914) February 5, 1915, March 4, 1916 March 11, 1916, March
16, 1916, March 17, 1916, March 20, 1916, March 20, 1916, and March 20,
1916, and all other acts and parts of acts inconsistent with this act so far
as they relate to the said city of Norfolk. {S B 26}

Approved February 7, 1918.

Whereas the city of Norfolk, a city having a population in ex-
cess of sixty-five thousand inhabitants, and less than one hundred
thousand inhabitants, has, pursuant to chapter 55 of the acts of
assembly of 1916, requested the general assembly of Virginia to
grant a special form of government for such city as hereinafter
mentioned and set out.

Now therefore to the end that said city of Norfolk may have a
special form of government pursuant to the provisions of section
one hundred and seventeen, of the Constitution of Virginia as
amended, be it enacted by the general assembly of Virginia, as
follows:

Section 1. The city and its boundaries.—The inhabitants of
the territory comprised within the present limits of the city of
Norfolk as hereinafter described, or as the same may be hereafter
altered and established by law, shall continue to be a body politic
and corporate to be known and designated as the city of Norfolk
and as such shall have perpetual succession, may sue and be sued
contract and be contracted with, and may have a corporate seal
which it may alter, renew, or amend at its pleasure; the present
boundaries of the said city being as follows, to-wit:

_ Beginning at a point on the port warden’s line of the Elizabeth
river where the northern line of Forty-ninth street (formerly Forty-
fifth street) intersects said port warden’s line, thence S. 24° 55°-W
4450 feet, more or less, to the coal pier of Norfolk and Western
railway at Lamberts Point, thence following the port warden’s
line southeasterly and passing across the mouths of all tributary
creeks to the intersection of said port warden’s line with the centre
line of Ohio creek, thence northwardly along the centre line of
Ohio creek to the centre line of Corprew avenue, thence westward]
along the centre line of Corprew avenue to the eastern line of Park
avenue, thence northeastwardly along the eastern side of Park ave-
nue to the northern side of Princess Anne avenue, thence westwardly
wong the northern side of Princess Anne avenue to the eastern side
of the right of way of the Norfolk and Western railway company,
thence northw: ardly and westwardly along the eastern and northern

line of said right of way to the centre “line of a cove or arm of
Tanner's creek, which sar cove divides and separates the land of
Lindenwood on the west from the land of Washington Heights
on the east, thence northwardly following the centre line of said
cove as defined by above mentioned properties to the prolongation
of the north side of Haves street) (formerly Union street). thence
northwest wardly along the prolongation of the north side of Hayes
street and of the north side of Hlaves street to the intersection of
Haves street and West street to the head of another cove, thence
northwardly and following the centre of the cove, thence continu-
ing northwardly across and to the centre of Tanner's creek. thence
following the centre line of Tanner's creek, and a branch thereof
to the intersection of said centre line with the centre line of Colley
avenue extended northerly, thence southerly along the centre line of
Colley avenue to its intersection with the western boundary. of
“Highland Park,” thence southerly along the western boundary of
“Highland Park” to its intersection with the northern side of Forty-
ninth street: (formerly Forty-fifth street). thence westerly along the
northern line of Forty-ninth street to the port warden’s line of the
Klizabeth river to the point of beginning.

Also, beginning at the pomt in the harbor Ime on the south
side of the eastern branch of the Elizabeth river where the line
between B. A. Colonna and the Hardy heirs intersects the same;
and thence about south to the forks of the creek, and thence south-
easterly following the middle of the southeast fork of said ercek,
and the southern boundary of said Colonna’s property to the west-
ern boundary of the Norfolk and Western railroad in such a man-
ner as to exclude the farm of B. A. Colonna from what was formerly
the town of Berkley; thence following southerly along the western
line of the Norfolk and Western railroad company's ‘Tight of way
to its intersection with the Oberndorfer road; thence “continuing
along the western side of said road to Liberty street. extended :
thence along the north side of Liberty street to the western line of
Chesterfield street to the centre of Liberty street to the western line
of Chesterfield (formerly Fourteenth street) on the Tunis property
extended; thence along the western line of said Chesterfield street:
to the centre of Mill Run creck: thence down the centre of said
ereek to the southern branch of the Elizabeth river: thence down
the southern braneh to the Elizabeth river proper, along the said
river to the eastern branch and up the eastern branch to the point of
beginning.

The courts of said eity shall have civil and criminal jurisdiction
bevond said boundaries as is now provided or may hereafter be
provided by law. and the said courts shall have exclusive jurisdic-
tion over that part of the eastern branch of the Elizabeth river
which les between the portions of said city above described and
oncurrent jurisdiction with the courts of the county of Norfolh
r of the city of Portsmouth over the Elizabeth river and its tribu
aries lying between the said city of Norfolk and the said county
f Norfolk and between said city of Norfolk and the city of Ports
nouth, subject in each case only to the maritime and admiralty
urisdiction of the United States.

Sec. 2. Powers of the city.—In addition to the powers men.
ioned in the preceding section the said city shall have power:

(1) To raise annually by taxes and assessments in said city
uch sums of money as the council hereinafter provided for shal
lem) necessary for the purposes of said city, and in such manne
s suid council shall deem expedient, in accordance with the Con.
tution and laws of this State and of the United States; provided
owever, that it shall impose no tax on the bonds of said city.

(2) To impose special or local assessments for local improve
nents and enforce payment thereof, subject, however, to such limita
ions prescribed by the Constitution of Virginia as may be in fore
t the time of the imposition of such special or local assessments.

(3) Subject to the provisions of the Constitution of Virgin:
nd of section 86 of this charter, to contract debts, borrow mone}
nd make and issue evidence of indebtedness.

(4) To expend the money of the city for all lawful purposes

(5) To acquire by purchase, gift, devise, condemnation or other
vise, property real or personal, or any estate or Interest therein
vithin or without the city or State and for any of the purpose:
»f the city; and to hold, improve, sell, lease, mortgage, pledge o1
itherwise dispose of the same or any part thereof.

(6) To acquire, in any lawful manner, for the purpose of en
‘ouraging commerce and manufacture, lands within and withou
he city not exceeding at any one time five thousand acres in th
iggregate, and from time to time to sell or lease the same or any
vart thereof for industrial or commercial uses and purposes.

(7) To make and maintain public improvements of all kinds
neluding municipal and other public buildings, armories, market:
ind all buildings and structures necessary or appropriate for thi
ixe of the departments of fire and police ; and to acquire bY con
lemnation or otherwise all lands, riparian and other rights anc
‘asements necessary for such improvements, or any of them.

(8) To furnish all local public service; to purchase, hire, con
truct, own, maintain and operate, or lease ‘local public utilities, t
quire by condemnation or otherwise, within or without the cor
porate limits, land and property necessary for any such purposes.

(9) To acquire in any lawful manner in any county of th
state, or without the State, such water, lands, and lands unde
water as the council of said city may deem nec essarv for the pur
pose of providing an adequate ‘water supply for said city and o
piping or conducting the same; to lay all necessary mains; to erec
und maintain all necessary dams, pumping stations and other work
in connection therewith; to make reasonable rules and regulation
for promoting the purity of its said water supply and “for pro
tecting the same from pollution; and for this purpose to exercise
full police powers and sanitary patrol over all lands comprised
within the limits of the watershed tributary to any such water
supply wherever such lands may be located in this State; to 1im-
pose and enforce adequate penalties for the violation of any such
rules and regulations; and to prevent by injunction any pollution
or threatened pollution of such water supply and any and all acts
likely to impair the purity thereof; and for the purpose of acquir-
ing Jands or material for any such use to exercise within the State
all powers of eminent domain possessed by railroad corporations
under the laws of this State; provided that the lands and lands
under water which may be held in this State by said city for
such purpose shall not exceed, in the aggregate, thirty thousand
acres at any one time. I*or any of the purposes aforesaid said
city may, if the council shall so determine, acquire by condemna-
tion, purchase or otherwise, any estate or interest in such lands
or any of them, or any right or easement therein, or may acquire
such lands or any of them in fee, reserving to the owner or owners
thereof such rights or easements therein as may be prescribed in
the ordinance providing for such condemnation or purchase. The
said city may sell or supply to persons, firms or industries residing
or located outside of the city limits any surplus of water it may
have over and above the amount required to supply its own in-
habitants.

(10) To establish, impose and enforce water rates and rates
and charges for public utilities, or other service, products, or con-
veniences, operated, rendered or furnished by the city.

(11) To establish, open, widen, extend, grade, improve, con-
struct, maintain, light, sprinkle and clean, public highways, streets,
alleys, boulevards and parkways, and to alter, or close the same; to
establish and maintain parks, play grounds and other public
grounds; to construct, maintain and operate bridges, viaducts, sub-
wavs, tunnels, sewers and drains and to regulate the use of all such
highways, parks, public grounds and works; to plant and main-
tain shade trees along the streets and upon such public grounds;
to prevent the obstruction of such streets and highways, abolish and
prevent grade crossings over the same by railroads; regulate the
operation and speed of all cars and vehicles using the same, as well
as the operation and speed of all engines, cars and trains on rail-
roads within the city; to regulate the services to be rendered and
rates to be charged by busses, motor cars, cabs and other vehicles for
the carrying of passengers and by vehicles for the transfer of bag-
gage; require all telephone and telegraph wires and all wires and
cables carrying electricity to be placed in conduits under ground and
prescribe rules and regulations for the construction and use of such
conduits; and to do all other things whatsoever adapted to make
said streets and highways safe, convenient and attractive.

(12) To construct and maintain, or aid in constructing and
maintaining, public roads, boulevards, parkways and bridges, be-
yond the limits of the city, in order to facilitate public travel to and
from said city and its suburbs, and to and from said city and any
property owned by said city and situated beyond the corporate lim-
its thereof, and to acquire land necessary for such purpose by con-
demnation or otherwise.

(13) To establish, construct, maintain and operate public land-
ings, public wharves and docks either within or without the city;
to acquire by condemnation or otherwise all lands, riparian and
other rights and easements necessary for the purposes aforesaid; to
lay and collect reasonable duties or wharfage fees on vessels coming
to or using said landings, wharves or docks; to regulate the manner
of using other wharves and docks within the city and rates of
wharfage to be paid by vessels using the same; to dredge or deepen
the harbor or river or any branch or portion thereof; to prescribe
and enforce reasonable ‘rules and regulations for the protection and
use of its said poperties whether within or without the city; and to
impose and enforce adequate penalties for the violation of such rules
and regulations.

(14) Subject to the provisions of the Constitution of Virginia
ind of sections 100 to 106 of this charter, both inclusive, to grant
franchises for public utilities.

(15) To collect and dispose of sewage, offal, ashes, garbage,
carcases of dead animals and other refuse, and to acquire and operate
reduction or other plants for the utilization or destruction of such
materials, or any of them; or to contract for and regulate the col-
lection and disposal thereof.

(16) To compel the abatement and removal of all nuisances
within the city or upon property owned by the city beyond its
limits at the expense of the person or persons causing the same, or
of the owner or occupant of the ground or premises whereon the
same may be; to require all lands, lots and other premises within
the city to be kept clean, sanitary and free from weeds, or to make
them so at the expense of the owners or occupants thereof; to regu-
late or prevent slaughter houses or other noisome or offensive busi-
ness within said city, the keeping of animals, poultry or other fowl
therein, or the exercise of any dangerous or unwholesome business.
trade or employment therein; to regulate the transportation of all
articles through the streets of the city; to compel the abatement
of smoke and dust, and prevent unnecessary noise therein; to regu-
late the location of stables and the manner in which they shall be
kept and constructed, and generally to define, prohibit, abate, sup-
press and prevent all things detrimental to the health, morals, com-
fort. safety, convenience and welfare of the inhabitants of the city.

(17) To inspect, test, measure and weigh any commodity or
article of consumption or use within the city, and to establish, regu-
late. license and inspect weights, meters, measures and scales.

(18) To extinguish and prevent fires and to compel citizens to
render assistance to the fire department in case of need, and to
establish, regulate and control a fire department or division; to
regulate the size, materials and construction of buildings, fences
and other structures hereafter erected in such manner as the public
safety and conventence may require; to remove, or require to be
removed, any building, structure or addition thereto which by rea-
son of dilapidation, defect of structure, or other causes, may have
become dangerous to life or property, or which may be erected, con-
trary to law; ; to establish and designate from time to time fire
limits, within which limits wooden buildings shall not be cen-
structed, removed, added to or enlarged, ati to direct that any
or all future buildings within such limits shall be constructed of
stone, natural or artificial, concrete, brick, iron, or other fire-proof
material; provided, however, that by a vote of four-fifths of all
the members of the council permission may be granted for storage
sheds constructed on pile piers or wharves on the waterfront, the
sides and roofs of which shall be covered with corrugated iron or
other fire-proof material.

(19) To provide for the care. support and maintenance of
children and of sick, aged, insane or poor persons and paupers.

(20) To organize and administer public schools and libraries
subject to the general Jaws establishing a standard of education
for the State.

(21) ‘To provide and maintain, either within or without the
city, charitable, recreative, curative, corrective, detentive, or penal
Institutions.

(22) To prevent persons having no visible means of support.
paupers and persons who may be danger ous to the peace or safety of
the city from coming to said city from without the same; and for
this purpose to require any railroad company, the master of any
ship or vessel or the owners of any conveyance bringing such person
to the city, to take such person back to the place whence he was
brought, or enter into bond with satisfactory security that such
person shall not become a charge upon said city within one year
from the date of his arrival; and also to expel therefrom any such
persen who has been in said city less than ninety days.

23) To provide for the preservation of the general health of
the inhabitants of said citv, make regulations to secure the same,
inspect all foods and foodstuffs and prevent the introduction and
sale in said city of any article or thing intended for human con-
sumption, which is adulter ated, impure or otherwise dangerous to
health, and to condemn, seize and destroy or otherwise dispose of
any such article or thing without liability to the owner thereof;
prevent the introduction or spread of contagious or infectious dis-

“uses, and prevent and suppress diseases generally ; to provide and
reculate hospitals within or without the city limits, and to enforce
the removal of persons afflicted with contagious or infectious dis-
eases to hospitals provided for them; to provide for the organi-
gation of a department or bureau of health, to have the powers of
a board of health. for said city, with the authority necessary for
the prompt and efficient. per formance of its duties, with power to
invest any or all the officials or employees of such department of
health with such powers as the police officers of the city have; to
establish a quarantine ground within or without the city limits,
such quarantine regulations against infectious and contagious
eases as the said council may see fit, subject to the laws of
State and of the United States; to provide and keep record:
vital statistics and compel the return of all births, deaths and o
information necessary thereto.

(24) To acquire by purchase, gift, devise, condemnation
otherwise, lands, either within or without the city, to be used, |
and improved as a place for the interment of the dead, and to n
and enforce all necessary rules and regulations for the protec
and use thereof; and generally to regulate the burial and di
sition of the dead.

(25) ‘Toexercise full police powers, and establish and main
a department or division of police.

(26) ‘To do all things whatsoever necessary or expedient
promoting or maintaining the general welfare, comfort, educat
morals, peace, government, health, trade, commerce or industrie
the citv or its inhabitants.

(27) To make and enforce all ordinances, rules and regulat
hecessary or expedient for the purpose of carrying into effect
powers conferred by this charter or by anv general law, anc
provide and impose suitable penalties for the violation of s
ordinances, rules and regulations, or any of them, by fine not
ceeding five hundred dollars or imprisonment not exceeding
months, or both. The city may maintain a suit to restrain by
junction the violation of any ordinance, notwithstanding such c
nance may provide punishment for its violation.

The enumeration of particular powers in this charter shall
be deemed or held to be exclusive, but in addition to the po
enumerated herein, implied thereby, or appropriate to the exe
threof, the said city shall have and may exercise all other’ po
which are now or may hereafter be possessed or enjoved by c
under the Constitution and general laws of this State.

Sec. 3. Wards.—Wards and ward lines are abolished.

THE CoUNCIL.

Sec. 4. Creation and powers of counci].—There is hereby cre
a council, which shall have full power and authority, except as
in otherwise provided, to exercise all of the powers conferred u
the city. It shall by ordinance fix the salaries of all officers
employees of the city, except the salaries of its own members, w
shall be as provided in this charter; and may, so far as js not
consistent with the provisions of this charter, define the po
and prescribe the duties of all such officers and employees.

Sec. 5. Composition of council.—The council shall consis
five members, who shall be elected on a general ticket at large,
shall serve for a term of four years from the first dav of Septen
next following the date of their election and until their sneces
-hall have been duly elected and qualified; provided, however,
they shall be subject to recall, in accordance with the provisions
of this charter; and provided that at the first election hereunder,
the three candidates having the highest number of votes shall serve
for four years, and the two candidates having the next highest num-

er of votes shall serve for two years; and provided further that
the members of the first council elected hereunder shall have the
power, and it shall be their duty within five davs after the date of
the certification of their election to qualify and organize for the
sole purpose of electing a city manager, as hereinafter provided, and
the said council shall, if practicable, elect a city manager prior to
the said first day of September, whose active services shall begin
on that day, at the same time as their own. The council shall be a
continuin body, and no measure pending before such body shall
abate or be discontinued by reason of the expiration of the term
of office or removal of the members of said body or any of them.

Sec. 6. Qualification of members; conduct of candidates—Any
person qualified to vote in said city shall be eligible to the office
of councilman therein. No candidate for the office of councilman
shall promise any money, office, employment, or other thing of
value, fo secure a nomination or election, or expend in connection
with his candidacy any money except as permitted by the general
election laws of the State; and any such candidate violating this
provision shall be guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine not exceeding five hundred dol-
lars, or imprisonment for a term not exceeding six months, or both,
in the discretion of the jury, and shall forfeit his office, if elected;
in which event, the person receiving the next highest number of
votes, who has not violated the said provision, shall be entitled to
said office.

Sec. 7. Wacancies.—Any vacancy in the council, except as other-
wise provided in this charter, shall be filled by the remaining mem-
bers. No person shall be deemed to be elected unless he shall have
received at least three votes in his favor. If by reason of resigna-
tion, death, or other circumstance, except in the case of vacancies
resulting from a recall election, three or more vacancies exist or
occur at the same time in said council, then the members of the
board of sinking fund commissioners, and the members of the civil
service commission shall at once convene In joint session, a majority
of each of said boards being required to constitute such joint board.
and by a majority vote of the members of said joint board present
forthwith make such number of appointments as may be necessary
to constitute a council of three qualified members, which three mem-
bers shall at once proceed to fill the remaining vacancies, as herein
provided. And if in any case the comncil shall fail to fill a vacancy
therein for a period of thirty days after the happening of the same.
such vacancy shall be filled by said joint board as provided herein.
The city clerk shall act as the clerk of the joint board so consti-
tuted, and shall cause his certificate of its action to be entered on
the journal of the council.
If the term of office so filled, either by the council or by said
joint board, does not expire for two years after the next regular
election of councilmen following such vacancy, and such vacancy
occurs in time to permit it, an additional councilman shall then be
elected; and of those councilmen elected at such election, the one
having the lowest vote shall, from and after the date of his qualli-
fication, succeed such appointee, and serve the unexpired term. In
the event of more than one vacancy to be filled by election, the
same provision shall apply. The foregoing provisions of this sec-
tion are subject to the further provision that any vacancy resulting
from a recall election shall be filled in the manner provided in
such case.

Sec. 8. Compensation of councilmen.—Each member of the coun-
cil shall receive, subject to the provisions of this charter, a salary
of twelve hundred dollars ($1,200.00) per year, except the presi-
dent, whose salary shall be eighteen hundred dollars ($1.800.00)
per year, such salaries to be payable in equal monthly installments.

ec. 9. Limitations on the powers of the council.—Neither the
council, nor any of its members, shall dictate the appointment of
any person to office or employment by the city manager, or in any
manner interfere with the city manager, or prevent him from ex-
ercising his own judgment in the appointment of officers or em-
ployees in the administrative service. Except for the purpose of
inquiry, the council and its members shall deal with the adminis-
trative service solely through the city manager, and neither the
council nor any member thereof, shall give orders to any of the
subordinates of the city manager either publicly or privately. Any
such dictation, prevention, orders or other interferences on the part
of a member of the council with the administration of the city, shall
be deemed a misdemeanor. and upon conviction thereof the member
so convicted shall be fined not exceeding one hundred dollars and
may, in the discretion of the court, be removed from office.

Sec. 10. Officers elective by council: rules.—The council shall
elect one of its members as chairman, who shall be entitled presi-
dent of the council; and shall also elect a city manager, a city clerk,
a city attorney, a city auditor, a police justice, an assistant police
justice and a high constable. The said council shall also appoint
the members of such board and commissions as are hereinafter pro-
vided for. All elections by the council shall be viva voce and the
vote recorded in the journal of the council. The council may de-
termine its own rules of procedure; may punish its members for
misconduct, and may compel the attendance of members in such
manner and under such penalties as may be prescribed by ordi-
nance. It shall keep a journal of its proceedings. A majority of
all the members of the council shall constitute a quorum to do busi-
ness. but a smaller number may adjourn from time to time.

No person elected to the council. whether he qualify or not, shall.
during the term for which he was elected, be elected or appointed to
any position or office of trust or profit under the city government.

Sec. 11. Elections by council: when held, terms, ete.—Prior to
the first day of December, 1918. and prior to the first day of De-
cember of every fourth year thereafter, the council shall elect a
city clerk, a city attorney, a city auditor, a high constable, a police
justice, and an assistant police justice, each of whom shall serve
for a term of four years from the first day of January next follow-
ing the date of his election, and until his successor shall have been
elected and qualified.

Sec. 12. Meetings of council.—At cight o'clock P. M. on the
first day of September next following the regular municipal elec-
tion, or if such day be Sunday, then on the day following, the
council shall meet at the usual place for holding meetings of the
legislative body of the city, at which time the newly elected coun-
cilmen shall assume the duties of their office. Thereafter the council
shall meet at such times as may be prescribed by ordinance or reso-
lution; provided, that it shall hold at least one regular meeting
each week, The president of the council, anv member théreof, or
the city manager, may call special meetings of the council at any
time upon at least twelve hours’ written notice to cach member.
served personally or left at his usual place of business or residence:
or such meeting may be held at any time without notice, provided
all members of the council attend. <All meetings of the council
shall be public, and any citizen may have access to the minutes
and records thereof at all reasonable times.

Sec. 138. Penalty for absence.—For each absence of a council-
man from a regular meeting of the council, there shall be deducted
from his pay a sum equal to two per cent. of his annual salary.
Absence from five consecutive regular meetings shall operate to
vacate the seat of a member, unless the absence is excused by the
council by resolution setting forth the reason thereof and entered
upon the journal.

Sec. 14. Legislative procedure.—Except in dealing with ques-
tions of parliamentary procedure the council shall act only by ordi-
nance or resolution, which shall be introduced in writing, and all
ordinances except ordinances making appropriations, or author-
izing the contracting of indebtedness or issuance of bonds or other
evideness of debt, shall be confined to one subject, which shall be
clearly expressed in the title. Ordinances making appropriations
or authorizing the contracting of indebtedness or the issuance of
bonds or other obligations and appropriating the monev to be raised
thereby shall be confined to those subjects respectively. Nothing
herein shall be construed to prevent the council from authorizing in
and by the same ordinance the making of anv one public improve-
ment and the issue of bonds therefor.

The enacting clause of all ordinances passed by the council shall
be, “Be it ordained by the council of the city of Norfolk”; the
enacting clause of all ordinances submitted to popular election bv
the initiative shall be, “Be it ordained by the people of the city of
Norfolk.” No ordinance, unless it be an emergency measure, shall
he passed until it has been read at two regular meetings not. less
than one week apart. or the requirement of such reading has been
dispensed with by the affirmative vote of four of the members of
the council. No ordinance or section thereof shall be revised or
amended by its title or section number only, but the new ordinance
shall contain the entire ordinance, or section as revised or amended.
The ayes and noes shall be taken upon the passage of all ordinances
or resolutions and entered upon the journal of the proceedings of
the council, and every ordinance or resolution shall require, on final
passage, the affirmative vote of at least three of the members. No
member shall be excused from voting except on matters involving
the consideration of his own official conduct, or where his financial
interests are involved.

In authorizing the making of any public improvement, or the
acquisition of real estate or any interest therein; or authorizing
the contracting of indebtedness or the issuance of bonds or other
evidences of indebtedness (except temporary loans in anticipation
of taxes or revenues or of the sale of bonds lawfully authorized) ;
or authorizing the sale of any property or rights in property of
the city of Norfolk, or granting any public utility franchise, privi-
lege, lease or right of any kind to use any public property or ease-
ment of any description or any renewal, amendment or extension
thereof, the council shall act only by ordinance; provided, how-
ever, that after any such ordinance shall have taken effect, all sub-
sequent proceedings incidental thereto and providing for the carry-
ing out of the purposes of such ordinance may, except as otherwise
provided in this charter, be taken by resolution of the council.

Sec. 15. Emergency measures.—<All ordinances and resolutions
passed by the council shall be in effect from and after thirty days
from the date of their passage, except that the council may, by the
affirmative vote of four of its members, pass emergency measures to
take effect at the time indicated therein. An emergency measure is
an ordinance or resolution for the immediate presentation of the
public peace, property, health or safety, or providing for the usual
daily operation of a municipal department 1n which the emergency
is set forth and defined in a preamble thereto. Ordinances appro-
priating money for any such emergency may be passed as emergency
ineasures, but no measure providing for the sale or lease of city
property, or making a grant, renewal or extension of a franchise
or other special privilege, or regulating the rate to be charged for
its service by any public utility, shall be so passed.

Sec. 16. Record and publication.—Every ordinance or resolution
upon its final passage shall be recorded in a book kept for that
purpose, and shall be authenticated by the signatures of the pre-
siding officer and the city clerk. Every ordinance of a general or
permanent nature shall be published in full once within ten days
after its final passage in a newspaper or newspapers of general
circulation published in the municipality; and where legally per-
niussible, such publication shall be made but once; provided, that
the foregoing requirements as to publication shall not apply to ordi-
nanees reordained in or by a general compilation or codification of
ordinances printed by authority of the council.
A record or entry made by the city clerk or a copy of such
record or entry duly certified by him shall be prima facie evidence
of the terms of the ordinance and its due publication.

All ordinances and resolutions of the council may be read in
evidence in all courts and in all other proceedings in which it may
be necessary to refer thereto, either from a copy thereof certified
by the city clerk or from the volume of ordinances printed by
authority of the council.

Sec. 17. President of the council.—The president of the council
shall preside at meetings of the council, and perform such other
duties consistent with his office as may be imposed by the council.
He shall be entitled to a vote, but shall possess no veto power. He
shall be recognized as the official head of the city for all ceremonial
purposes, by the courts for the purpose of serving civil process.
and by the governor for military purposes. He may use the title
of mayor in any case in which the execution of contracts or other
legal instruments in writing, or other necessity arising from the
general laws of the State may so require; but this shall not be
construed as conferring upon him the administrative or judicial
functions, or other powers or functions, of a mayor, under the gen-
eral laws of the State. In time of public danger or emergency, he
may, with the consent of the council, take command of the police
and of the home guards hereinafter provided for and maintain
order and enforce the laws. During his absence or disability his
plies aes be performed by another member appointed by the
council.

The powers and duties of the president of the council shall be
such as are conferred upon him by this charter, together with such
others as may be conferred by the council in pursuance of the pro-
visions of this charter, and no others.

NOMINATIONS AND ELECTIONS.

Sec. 18. Time of holding municipal elections.—A municipal elec-
tion shall be held on the second Tuesday in June of the year 1918.
and of every second vear thereafter, which shall be known as the
regular municipal election for the election of councilmen. Any
matter which, by the terms of this charter, may be submitted to
the electors of the citv, at anv special election. mav be submitted
at a regular municipal election.

Sec. 19. Nomination of candidates.—Candidates for the council
under the provisions of this charter shall be nominated only by
petition. Any qualified voter of the city may be nominated as
provided herein. Subject to the provisions of sections 20 and 21
hereof, there shall be printed on the ballots to be used in any mu-
nicipal election for the election of councilmen, the names of all
candidates who have been nominated by petition as provided herein.
and no others. A nominating petition shall conform substantially
to the following requirements:

(a) Such petition shall state the name and place of residence
of each person whose name is presented for a place upon the ballot,
and shall request such person or persons to become a candidate or
candidates for the office of councilman for the city of Norfolk.

(b) Such petition shall be signed by at least two hundred and
fifty qualified electors of the city.

(c) Each elector signing a petition may subscribe to one nomi-
nation for each of the places to be filled at the ensuing election,
and no more.

(d) Such petition shall not be signed by any elector more than
fifty days prior to the day of such election, and such petition shall
be filed with the clerk of the corporation court of said city not
less than thirty days previous to the day of such election.

Sec. 20. Acceptance.—Any person whose name has been sub-
mitted for candidacy by any such petition, shall file his acceptance
of such candidacy with the clerk of the corporation court of said
city at least twenty days previous to the date of such election, other-
wise his name shall not appear on the ballot. The filing of such
acceptance shall be deemed equivalent to the filing of notice of
candidacy under the general election laws of the State, and no
other notice of candidacy need be given by the person filing the same.

Sec. 21. Ballots—The ballots used 1n all elections provided for
in this charter for the election of councilmen shall be without party
marks or designation.

There shall not be printed on any such ballot the name of any
person who has been nominated, selected or designated for the
office of councilman by any primary election conducted or held
under the auspices or authority of any political party, faction or
combination.

Sec. 22. Method of conducting municipal elections.——The can-
didates at any regular municipal election for the election of coun-
cilmen, equal in number to the places to be filled, who shall receive
the highest number of votes at such election, shall be declared
elected.

In any such election each elector shall be entitled to vote for as
many persons as there are vacancies to be filled, and no more; and
no elector shall in such election cast more than one vote for the
same person.

In counting the vote any ballot found to contain a greater num-
ber of names for the office of councilman than the number of va-
cancies in the council to be filled shall be void, but no ballot shall
be void for containing a less number of names than is permitted
hereby.

Sec. 23. Election of other officers.—There shall be elected by
the qualified voters of said city, on the Tuesday after the first Mon-
day in November, 1921, and quadrennially thereafter, the following
officers: one attorney for the Commonwealth, one commissioner of
the revenue, one city treasurer, and one city sergeant, who shall hold
their offices for the term of four years from the first day of January
ensuing their election and until their successors are duly elected
and qualified, unless sooner removed from office: and there shall
be elected by the qualified voters of said citv on the Tuesday after
the first Monday in November, 1921, and every eight years there-
after, one clerk of the corporation court of the city of Norfolk,
and one clerk of the circuit court of said city of Norfolk, whose
terms shall begin and end as is now, or may hereafter be prescribed
by the general assembly of this State; provided, that if the Con-
stitution of Virginia shall at any time hereafter be so amended as
to permit it, the said officers mentioned in this section or any of
them may be elected or appointed in such manner as the council
may by ordinance prescribe, and the council may in such case
abolish any one or more of the said offices, if permitted so to do
by the Constitution of the State, and prescribe by whom and in
what manner the duties thereof shall be performed.

THe RECALL.

Sec. 24. Procedure.-—Any member of the council may be re-
called and removed from office by the electors by the following
procedure: A petition for the recall of the councilman or council-
men designated, signed by at least three hundred of the electors
of the city, and containing a statement in not more than two hun-
dred words of the grounds of the recall, shall be filed with the
city clerk, who shall forthwith notify the councilman or council-
men sought to be removed, and such councilman or councilmen may,
within five days after such notice, file with such clerk a defensive
statement in not exceeding two hundred words. The said clerk
shall immediately upon the expiration of said five days cause suffi-
cient printed or typewritten copies of such petition, without the
signatures, to be made, and to each of them he shall attach a printed
or typewritten copy of such defensive statement or statements, if
any such shall have been furnished him within the time provided.
He shall preserve the original petition in his office and shall cause
one copy of such petition with a copy of the defensive statement.
if any. attached to be conveniently placed in his office, and provide
facilities for there signing the same, and shall also cause one copy.
with a copy of the defensive statement. if any, attached to be
placed in each of the several fire engine houses of the city, and
provide facilities for there signing the same, and for the proper
custody thereof. The said clerk shall immediately cause notice to
be published in some newspaper of general circulation published
in the city, of the places where the said copies may be found, and
of the time within which the same may be signed.

The said copies of such petition shall remain on file in the
several places designated for a period of thirty days, during which
time any one of them may be signed by any elector of the city, in-
cluding those who signed the original petition.

Sec. 25. Notice-—At the expiration of said period of thirty days,
the city clerk shall assemble all of said copies, and shall file the
same as one instrument with the clerk of the corporation court of
said city, who shall examine the same, and ascertain and certifv
thereon whether the persons whose names are signed thereto are
qualified voters of said city. equal in number to fifteen per cent. of
the number of electors who cast their votes at the last preceding
regular municipal election for the election of councilmen. If such
signatures do amount. to such percentag: the clerk of the corpora-
tion court of said city, shall at once serve notice of that fact upon
the councilman or councilmen designated in the petition.

Sec. 26. Recall election.—If the councilman or councilmen, or
any of them, designated in such petition, file with the city clerk,
within five days after the last mentioned notice from the clerk of
the corporation court of said city, his or their written resignation
or resignations, the said city clerk shall at once notify the clerk of
the corporation court of said city of that fact, and such resignation
or resignations shall be irrevocable, and shall be filed and presented
in the offices of the city clerk, and the council shall proceed to
fill the vacancy or vacancies, subject to the provisions of section
seven of this charter. In the absence of notice from the city clerk
that such resignation or resignations have been filed, as aforesaid,
the clerk of the corporation court of said city shall upon the ex-
piration of said period of five days forthwith present to said court
or to the judge thereof in vacation, the said copies with his certifi-
cate as to the percentage of qualified voters whose names are signed
thereto, and a certificate as to the date of the service of the notice
given by him to the councilman or councilmen designated in the
petition, as above provided. And thereupon the said court or the
judge thereof mn vacation shall forthwith enter an order calling
and fixing a date for holding a recall election for the removal
of the councilman or councilmen named in said petition, who have
not resigned as aforesaid. Any such election shall be held not less
than thirty nor more than sixty days after the date of the entering
of said order. If any other election is to be held within the said
period, the said court or the judge thereof in vacation shall direct
that the said recall election be held at the same time.

Sec. 27. Ballots and method of voting.—The ballots at such re-
call election shall conform to the following requirements: With
respect to each person whose removal is sought, the question shall
he submitted :

“Shall (name of person) be removed from the office
of councilman by recall?”

Immediately following each such question, there shall be printed
on the ballots the following propositions, in the order here set
forth:

“For the recall of (name of person).”
“Against the recall of (name of person).” |

In any such election the voter shall draw a line, with pen or
pencil, through the proposition he does not wish to vote for, leaving
the proposition he does wish to vote for unscratched. In any such
election if the majority of the votes cast on the question of the
removal of any councilinan are affirmative, such councilman shall
he deemed removed from office upon the ascertainment and certifi-
cation of the results of such election by the commissioners of elec-
tion, and the vacancy or vacancies caused by such recall shall be

tilled by the remainder of the council, according to the provisions
of section seven of this charter. If, however, an election is held
for the recall of more than two councilmen, candidates to succeed
them for their unexpired terms shall be voted upon at the same
election, and shall be named by petitions signed, dated and verified
in the manner required for petitions presenting the names of can-
didates for the council at a regular municipal election for the
election of councilmen similar in form to such petitions, and signed
by at least two hundred and fifty qualified voters, and filed with
the clerk of the corporation court of said city at least thirty days
prior to the holding of such recall election, but no such nominating
petition shall be <iened or cireulated until after the time has ex-
pired for signing the copies of the petition for the recall, and no
signatures thereon antedating such time shall be counted. The
person or persons nominated by such petition shall file with the
clerk of the corporation court of said city or their acceptance of
such nomination at least twenty days prior to the date of holdin

such recall election, and the filing of such acceptance shall be
equivalent to notice of candidacy ‘under the election laws of the
State, and no other notice of such candidacy necd be filed. Candi-
dates shall not be named to succeed any particular councilman, but,
if only one councilman is removed at such election, the candidate
at such election receiving the highest number of votes shall be
declared elected to fill the vacancy. ‘and if more than one councilman
is removed at such election, the candidates receiving the highest
number of votes, equal in number to the number of councilmen
removed, shall be declared elected to fill the vacancies, and amon

the successful candidates those receiving the greater number o

votes shall be declared elected for the longer term.

Sec. 28. Effect. of resignations pending proceedings for the re-
call of the whole council.—No proceedings for the recall of all of
the members of the council at the same election shall be defeated
in whole or in part by the resignation of any of them or all of
them, but in any such case on resienation of anv of them, the joint
board provided for in section seven of this char ter, shall have power,
and it shall be its duty forthwith to fill such vacancy or vacancies
temporarily until successors are elected, and the proceedings for
the recall of councilmen, and the election of their successors shall
continue and have the same effect as though there had been no
resignation.

See. 29. Miscellaneous provisions.—No petition to recall any
councilman shall be filed within one year after he assumes the duties
of his office.

The method of removal herein provided shall not be deemed or
held exclusive, but is in addition to such other methods as are now
or may hereafter be provided by general law.

INITIATIVE.

Sec. 30. Petition.—Anv proposed ordinance or ordinances, in-
cluding ordinances for the repeal or amendment of an existing ordi-
nance, may be submitted to the council by petition signed by quali-
tied voters equal in number to ten per cent of the number of elec-
tors who cast their votes at the last preceding regular municipal
election for the election of councilmen. Such petition shall contain
the proposed ordinance in full, and shall have appended thereto or
written thereon the names and addresses of at least five qualified
voters, who shall be officially regarded as filing the petition, and
who shall constitute a committee of the petitioners for the purpose
hereinafter stated. |

Sec. 31. Time of filing.—All papers comprising the petition
shall be assembled and filed with the city clerk, as one instrument,
within’ one hundred and twenty days, from the date of the first
signature thereon, and when so filed the clerk shall submit the same
to the council at its next regular meeting, and provision shall he
made for public hearings upon the proposed ordinance.

Sec. 32. Petition for election.—The council shall at once pro-
ceed to consider such petition and shall take final action thereon
within thirty days from the date of the submission thereof. If the
council rejects the proposed ordinance, or passes it in a form dif-
ferent from that set forth in the petition, or fails to act finally upon
it within the time stated, the committee of the petitioners may re-

uire that it be submitted to a vote of the electors in its original
orm, or that it be submitted to a vote of the electors with any pro-
posed change, addition or amendment, by the following procedure:
Said committee shall present to the clerk of the corporation court
of said city a petition for such election, addressed to said court and
signed by qualified voters equal in number to twenty-five per cent
of the number of electors who cast their votes at the last preceding
regular municipal election for the election of councilmen. Said
petition shall contain the proposed ordinance in full in the form in
which it 1s proposed to submit the same to the electors. The said
petition and all copies thereof shall be filed with the clerk of said
court aS one instrument. Within ten days after the filing thereof
the said clerk shall ascertain and certify thereon whether the re-
quired number of qualified voters have signed the same. If it be
found that the required number of qualified voters have signed
the said petition, then the said petition, with the certificate of the
said clerk thereon, shall be presented by said committee to the cor-
poration court of said city, or to the judge thereof in vacation, and
thereupon, the said court or the judge thereof in vacation, shall
forthwith enter an order calling and fixing a date for holding an
election for the purpose of submitting the proposed ordinance to
the electors of the said city. Any such election shall be held not
less than thirty nor more than sixty days after the date of the
entering of said order. If any other election is to be held within
the said period said court or the judge thereof shall direct that
such proposed ordinance shall be submitted to a vote of the electors
at such election. At least ten days before any such election the
clerk of the said court shall cause such proposed ordinance to be
published once in one or more newspapers of general circulation
published in said city.

Sec. 33. Ballots and methods of voting.—The ballots used when
voting upon any such proposed ordinance, shall state the title of
the ordinance to be voted on, and below the following proposi-
tions in the order here set forth:

“For the ordinance.”
“Against the ordinance.”

In any such election the voter shall draw a line with a pen or
pencil through the proposition he does not wish to vote for, leaving
the proposition he does wish to vote for unscratched. If a majority
of the electors voting on such proposed ordinance shall vote in favor
thereof, it shall upon the ascertainment and certification of the
results of such election by the commissioners of election become an
ordinance of the city.

Sec. 34. Ordinances adopted by the electors: [low amended or
repealed.—No ordinance adopted by the vote of the electors, as
herein provided, shall be repealed or amended, except by vote of
the electors; but the corporation court of said city, or the judge
thereof in vacation, may, on request of the council, by resolution,
order an ordinance to repeal or amend any ordinance so adopted.
to be submitted to the electors at any regular election, or at any
special municipal election called for some other purpose, provided
that the clerk of said court shall cause notice of the proposed sub-
mission of such ordinance repealing or amending an ordinance, to
be published once in one or more newspapers of said city not. more
than sixty days nor less than thirty davs prior to said election. If
an amendment is so proposed such notice shall contain the proposed
amendment in full, and such submission shall be in the same man-
ner and the vote shall have the same effect as in the case of an
ordinance submitted to election by popular petition.

REFERENDUM.

Sec. 35. Petition for referendum.—No ordinance passed by the
council, unless it be an emergency measure, as hereinbefore defined.
or the annual appropriation ordinance, shall go into effect until
the expiration of thirty days after its final passage. If at any time
within said thirty days a petition signed by qualified voters equal
in number to twenty-five per cent of the number of electors who
cast their votes at the last preceding regular municipal election for
the election of councilmen be filed with the city clerk, requesting
that any such ordinance be repealed, or amended, as stated in the
petition, such ordinance shall not become operative until the steps
indicated herein shall have been taken or the time allowed for taking
any such step shall have elapsed without action. Such petition
shall state therein the names and addresses of at least five electors,
who shall constitute a committee to represent the petitioners, who
shall be officially regarded as filing the petition, and shall constitute
1 committee of the petitioners for the purposes hereinafter stated.
Referendum petitions need not contain the text of the ordinance or
ordinances, the amendment or repeal of which is sought, but shall
contain the proposed amendment, if an amendment is demanded.

Sec. 36. Proceedings thereunder.—The city clerk shall present
the said petition to the council at ils next regular meeting, and
thereupon the council shall proceed to reconsider the ordinance. If,
within thirty days after the filing of such petition, the ordinance
be not repealed or amended as requested in such petition, the city
clerk shall, if so requested by a writing signed by a majority of
the said committee and presented to the said city clerk within
twenty days after the expiration of said period of thirty days,
present to the clerk of the corporation court of said city, the said
petition and all copies thereof as one instrument together with a
copy of the ordinance the repeal of which is sought. Within ten
days after the filing of said petition, the clerk of said court shall
ascertain and certify whether the required number of qualified
voters have signed the same. If it be found that the required num-
ber of qualified voters have signed the said petition, then within
tive days after the expiration of said ten days the said petition,
with the certificate of the clerk thereon, shall be presented by the
said committee to the corporation court of said city, or to the
judge thereof in vacation, and thereupon the said court or the
judge thereof in vacation shall forthwith enter an order calling
and fixing a date for holding an election for the purpose of sub-
mitting the said ordinance to the electors of said city. Thereupon
the said ordinance shall ipso facto be further suspended from going
into effect until such election shall have been held and shall then
be deemed repealed unless approved by a majority of those voting
thereon. Any such election shall be held not less than thirty nor
more than sixty days after the date of the entering of such order.
If any other election is to be held within the said period, said court
or the judge thereof in vacation shall direct that the said ordinance
shall be submitted to the vote of the electors at such election. At
least ten days before any such election the clerk of said court shall
cause the said ordinance to be published once in one or more news-
papers of genera] circulation published in said city.

Sec. 37. Ballots and method of voting.—The ballots used when
voting: upon such ordinance shall conform in all respects to the
ballots required for an initiative election under section 33 hereof.
and the method of voting in‘any such election shall be as prescribed
in said section.

If in any such election the ordinance so referred or submitted
he approved by a majority of the electors voting thereon, the said
ordinance shall upon the ascertainment. and certification of the re-
sults of such election by the commissioners of election, go into effect
as an ordinance of the city.

Sec. 38. Ordinances submitted by popular petition.—Ordinances
submitted to the council by initiative petition and passed by the
council without change, or passed in an amended form, and not re-
quired to be submitted to the vote of the electors by the committee
etitioners, shall be subject to the referendum in the same
as other ordinances.
39. Conflict of ordinances. --Tf two or imore ordinances
or approved at the same election conflict in respect of any
provisions, such ordinances shall go into effect in respect
yf their provisions as are not in conflict, and the one receiv-
highest affirmative vote shall prevail insofar as their pro-
onflict.
0. Icmergency measures.—Ordinances passed as emergency
; providing for any work, improvement or repairs certified
itv manager to be immediately necessary to protect public
or health from imminent danger, or to protect the city
ninent loss or Nability, shall not. be subject to the referen-
he certificate of the city manager in any such case shall be
‘re. All other ordinances passed as emergency measures shall
et to the referendum in like manner as other ordinances,
hat they shall go into effect at the time indicated in such
es. If, when submitted to a vote of the electors, an emer-
easure be not approved by a majority of the voters voting
it shall be considered repealed as regards any further action
er; but such measure so repealed shall be deemed sufficient
y for payment in accordance with the ordinance of any
incurred previous to the ascertainment and certification
commissioners of election of the result of the referendum
reon.
41. Preliminary action.—In case a petition be filed re-
that a measure passed by the council providing for the
ure of money, for a bond issue or a public Improvement, be
d to a vote of the electors, all steps preliminary to such
xpenditure, actual issue of bonds or actual signing of a
for such improvements may be taken prior to the election.

Provisions Relating to Elections and to the Initiatere,
Referendum and Recall.

2. Elections.—AII elections for the election of councilmen.
uitiative, referendum and recall elections, shall be conducted.
result canvassed and certified by the regular election offi-
vided by the general election laws of the State, and, except
wise provided in this charter, all such elections shall be
1 by the said general election laws. a .

13. Petitions.—All petitions for the nomination of council-
-all petitions in connection with the initiative, referendum
shall be signed in ink or indelible pencil by the elector in
ind not by agent or attorney. Each person signing any
ition shall place opposite his name the date of his signature.
place of residence by street and number. The signatures
uch petition need not all be appended to one paper, but to
hh paper, (except in the case of copies of recall petitions,
ay not be circulated) there shall be attached an affidavit
circulator thereof stating that each signature appended
thereto is the genuine signature of the person whose name it pur-
ports to be and that it was made in the presence of the affiant on
the date indicated. All copies of any such petition shall be treated
as originals. No such petition shall be deemed invalid by reason
of the fact that it is signed by one or more persons who are not
qualified voters, but the names of such persons shall not be counted.
As used in this charter the terms “elector,” “qualified elector” and
“qualified voter” are synonymous.

Sec. 44. Presurmptions.—All signatures to any petition men-
tioned in the preceding section hereof shall be accepted and treated
as prima facie genuine. For the purpose of certifying the number
of qualified voters whose names are signed to any such petition
the clerk of the corporation court of said city shall presume that
any person whose name appears thereon is a qualified voter if such
person (a) is exempt from the payment of poll taxes as a prerequi-
site to voting, or (b) appears from the treasurer’s list of persons
who have paid their poll taxes to have complied with the law as
to payment of poll taxes so as to be a qualified voter on the date
of his signature under the provisions and within the meaning of
section 45 hereof, assuming him to be duly registered. All such
petitions substantially complying with the requirements of this
charter and certified Ly said clerk to bear the required number of
signatures of qualified voters shall be accepted and treated as prima
facie sufficient. The burden of proving the insufficiency of any
such petition in any respect shall be upon the person alleging
the same.

Sec. 45. Qualification of persons signing certain petitions.—The
question whether any person is a qualified voter for the purpose of
signing any nominating petition or any petition in connection with
the initiative, referendum or recall shall be determined as follows:
If any petition be signed on or before the second Tuesday in June
in any year the person signing the same shall be deemed a qualified
voter for that purpose within the meaning hereof, if qualified to
vote on said second Tuesday in June. If such petition be signed
after the second Tuesday in June in any year, the person signing
the same shall be deemed a qualified voter for that purpose within
the meaning hereof, if qualified to vote on the first Tuesday after
the first Monday in November of said year.

sec. 46. Duty of city attorney.—Before any ordinance or amend-
iment proposed by popular petition shall be submitted to the coun-
cil, it shall be first approved as to form, by the city attorney, whose
duty it shall be to draft such proposed ordinance or amendment in
proper legal language, and to render such other service to persons
desiring to propose such ordinances or amendments as shall be
n-cessary to make the same proper for consideration by the council.

See. 47. Offenses.—No person shall:

(a) Falsely impersonate another in the signing of any nomi-
nating petition or petition for the initiative, referendum or recall,
or forge any name thereto; or deface, destroy, or remove from any
of the places designated in this charter, any copy of a petition for
recall with intent to interfere with or defeat such recall :

(b) Sign any nominating petition or petition for initiative,

referendum or recall with knowledge that he is not a qualified voter

of the citv; or purposely write his naine or residence falsely in the
signing of any such petition; sign or intentionally permit to be
signed” any pelition for recall at any other place than one of the
places hereinbefore designated for the signing of such petitions:
employ or pay another or accept employment on the basis of the
number of signatures subscribed thereto, for circulating any peti-
tion permitted by this charter to be circulated.

Any person violating any of the provisions of paragraph (a)
of this section shall be deemed guilty of a misdemeanor and u
conviction thercof shall be fined not less than one hundred dolla
nor more than five hundred dollars and imprisoned not less than
thirty days nor more than six months,

Any person violating any of the provisions of paragraph (b)
of this section shall be deemed eullty of a misdemeanor and upon
conviction thereof shall be fined not less than ten dollars nor more
than two hundred dollars.

The foregoing provisions shall not be deemed or held to be
exclusive of, but in addition to, all laws of the State prescribing
penalties for the same offenses, or for other offenses relating to the
same matter.

Sec. 48. Compensation of clerk of the corporation court.—
For his services in connection with any proceedings under the fore-
going sections relating to the initiative, referendum and recall, the
clerk of the corporation court. of said city shall be paid by the. city
such reasonable fees as are now or may hereafter be provided by
law for similar services in other cases.

THe Ciry Manacer.

Sec. 49. Appointment, qualification, etc—The city manage.
shall be the administrative head of the municipal government. He
shall be chosen by the council without regard to his political beliefs
and solely upon the basis of his executive and administrative quali.
fications. ‘The choice shall not be limited to inhabitants of the city
or State, unless otherwise required by the Constitution of the State
The city manager shall receive such compensation as shall be pro
vided by the council by ordinance. He shall be appointed for ar
indefinite period, and shall serve at the will of the council, pro

vided, however, that he may not be removed within twelve month:
from the date on which he assumed his duties, except for incom
petence, malfeasance, misfeasance or neglect of duty. In case o
his removal within said period he may demand written charge
and a public hearing thereon before the council prior to the dat.
on which his final removal shall take effect; but the decision anc
action of the council on such hearing shall ‘be final, and pendin;
such hearing the couneil may suspend him from duty. During th
absence or disability of the city manager the council shall designate
some properly qualified person to perform his duties.

Sec. 50. Powers and duties of the city manager.—The city man-
ager shall be responsible to the council for the efficient administra-
non all affairs of the city. He shall have power, and it shall be
us duty:

(a) To see that all laws and ordinances are enforced.

(b) Except as otherwise provided in this charter, to appoint all
livads or directors of departments, and all subordinate officers and
2mplovees of the city in both the classified and unclassified service
with the power to discipline and remove any officer or employee so
appointed; and in the classified service all appointments and remov-
als to be subject to the civil service provisions of this charter.

(c) To exercise supervison and control over all departments
and divisions created herein, or that may be hereafter created by the
council.

(d) To attend all regular meetings of the council, with the
right to take part in the discussion, but having no vote. He shall
be entitled to notice of all special meetings.

(e) To recommend to the council for adoption such measures
as he may deem necessary or expedient.

(f) To see that all terms and conditions imposed in favor of
the city, or its inhabitants, in any public utility franchise are faith-
fully kept and performed; upon knowledge of any violation thereof,
to call the same to the attention of the city attorney whose duty it
shall be forthwith to take such steps as are necessary to protect
and enforce the same.

(zg) To make and execute all contracts on behalf of the city
except as may be otherwise provided in this charter or by ordi-
nances passed in pursuance thereof. _

(h) To act as budget commissioner, and as such to prepare and
submit to the council the annual budget, after receiving estimates
made by the heads or directors of the departments or of any board
or commission not within a department.

(1) To keep the council at all times fully advised as to the
financial condition and needs of the city.

(j) To perform all such other duties as may be prescribed by
this charter, or be required of him by ordinance or resolution of the
council.

Sec. 51. Investigations.—The council, the city manager, and
any officer, board or commission authorized by them, or either of
them, shall have power to make investigations as to citv affairs, and
for that purpose to subpoena witnesses, administer oaths, and com-
pel the production of books and papers. The civil service commis-
sion shall have power to make investigations relating to the civil
service, with the like power to subpoena witnesses, administer oaths
and compel the production of books and papers.

Any person refusing or failing to attend, or to testifv, or to
produce such books and papers, may by summons issued by such
hoard or officer be summoned before the palice justice of said city
by the board or official making such investigation, and upon fail.
ure to give satisfactory explanation of such failure or refusal, may
be fined by the police justice not exceeding one hundred dollars ot
imprisoned not exceeding thirty days, such person to have the righ
to appeal to the corporation court of the citv. Any person wh«
shall give false testimony under oath at any such investigation shal
be liable to prosecution for perjury.

ADMINISTRATIVE DEPARTMENTS.

Sec. 52. Creation of departments.—The following administra
tive departments are hereby created:

(a) Department of law;

(b) Department of public works;

(c) Department of public welfare:

(d) Department of public safety:

(e) Department of finance.

The council may. by ordinance adopted by the affirmative vot
of at least four of its members. create new departments or sith
divisions thereof, combine or abolish existing departments, anc
distribute the functions thereof, or establish temporary department:
for special work.

At the head of each department there shal] be a director: pro
vided, that until the council shall otherwise provide by ordinance
adopted by the affirmative vote of at least four of its members. th
citv manager shall be the director of the department of public sa fet:
and of the department of finance.

The director of each department shall be chosen on the basis o
his general executive and administrative ability and experience. an:
of his education, training and experience in the class of work whicl
he is to administer.

The director of each department, except the department of law
shall be appointed by the city manager, and may be removed b:
him at any time.

The directors of the several departments shall be immediate]:
responsible to the city manager for the administration of thei
respective departments, and their advice in writing may be requires
by him on all matters affecting their departments. Thev shall pre
pare departmental estimates, which shall be open to public inspec
tion, and they shall make all other reports and recommendation
concerning their departments at stated intervals, or when require:
by the city manager, under such rules and regulations as he maz
prescribe. | ;

DEPARTMENT OF Law.

Section 53. The city attornev.—The city attorney shall be th
head of the department of law. Jleshal] at the time of his appoint
ment have practiced law in the State of Virginia for at least fiv

ears and in the city of Norfolk for at least two vears. He shal
the legal adviser of and attorney and counsel for the city anc
for all officers and departments thereof in matters relating to thei
ficial duties. He shall prosecute all suits, actions and proceedings
or and on behalf of the city, and defend all suits, actions and pro-
vedings against the same, and shall prepare all contracts, bonds
ind other instruments in writing, in which the city is interested or
concerned, and shall endorse on each his approval of the form and
orrectness thereof, provided that in the case of bonds to be issued
xy the city, it shall be sufficient if he certify to the council his
pproval thereof as to form ina separate writing, to be filed and pre-
erved with the records of the council.

He shall be the prosecuting attorney for the prosecution of the
violation of city ordinances.

He shall have such number of assistants as the council by ordi-
1ance may provide, such assistants to be nominated by him and con-
irmed by the council.

The council, the city manager, the director of any department
or any Officer, board or commission not included within a depart-
nent may require the opinion of the city attorney upon any ques-
‘ion of law involving their respective powers and duties.

The city attorney shall apply in the name of the city to a court
»f competent jurisdiction for such injunction or injunctions as may
ye necessary to restrain and prevent the misapplication of the funds
»f the city, or the invasion or abuse of its corporate powers, or the
usurpation of authority by any city official, or the execution or per-
formance of any contract made in behalf of the city in contravention
of law, or which was procured by fraud or corruption.

When an obligation or contract made on behalf of the city grant-
ing a right or easement or creating a public duty is being evaded
or violated, the city attorney shall institute and prosecute such suit
or suits as may be necessary to enforce the forfeiture thereof. or
the specific performance thereof, as the nature of the case may
require.

Tn case any officer, board or commission shall fail to perform
any duty required by law, the city attorney shall apply to a court
of competent jurisdiction "for a writ of mandamus to compel the
performance of such duty. Whenever the citv shall purchase 01
otherwise acquire real estate or any interest therein, unless other
provision is made by the council, the city attorney shall examine
and certifv the title thereto before the purchase price thereof shal
be paid. The said city attorney shall perform such other duties a:
mav be required of him by ordinance or resolution of the council.

DEPARTMENT OF Pusriic Works.

Sec. 54. General powers and duties.—The head of the depart
ment of public works shall be known as the director of public works
He shall be by profession an engineer who has had experience ir
municipal engineering. Subject to the supervision and control o
the city manager in all matters, he shall manage and have charg
of the construction, improvement, repair. maintenance and use o
streets, sidewalks, allevs, lanes. bridges. viaducts and other publi
highwavs: of sewers, drains, ditches. culverts. canals and stream:
amd water courses, of the municipal water supply, and all works.
lands, water, lauds under water, dams, pumping stations, ways.
mains, pipes and other works connected therewith: of all’ public
landings, public wharves and docks: of all public buildings, boule-
vards, squares and other public places and grounds belonging to
the city or dedicated to public use, of the establishment, deve op-
ment and maintenance of parks, playgrounds and cemeteries, but
not the management and supervision of such parks, playgrounds
and cemeteries; and shall manage all sewage disposal and reduction
plants and all other public Utilities owned or operated by the city.
He shall have charge of the enforcement of all the obligations of
privately owned or privately operated public utilities enforceable
by the city. He shall have charge of the making and preservation
of all surveys. maps, plans, drawings and estimates for any public
work. and shall also have charge of the cleaning, sprinkling and
lighting of the streets and public places, the collecting and disposal
) waste. and the preservation of contracts, papers, plans, tools,
appliances and equipment belonging to the city, and pertaining to
suid department.

The director of public works shall perform such other duties
relating to his department as may he required of him by the city
manager.

The council may by ordinance provide for the establishment and
organization within the said department. and subject to the super-
vision of the director thereof, of a division of surveving and of
such other divisions or bureaus as the council] mav see fit. and may
distribute the functions and duties of said department among such
divisions or bureaus as it may deem expedient. The head of the
division of surveying shall be by education a civil engineer. All of
his acts in the matter of surveys shall be as valid and effectual as

are the acts of a county surveyor done within his county. Tha fees
for such services as may be required of him in the capacity of sur-
vevor shal] he collected in advance by him and turned into the city
treasury. He shall give bond in such penalty as the council may by
ordinance provide.

Sec. 55. City planning commission.—There shall be a city plan-
ning commission of three members, consisting of the director of
public works and two citizens to he elected by the council. The
said citizen members shall be chosen because of their knowledge of
city planning and kindred subjects. shall serve without compen-
sation, and shall hold their positions at the pleasure of the council.
The council mav in its diseretion appropriate such sums of monev
as shall be needed to defray the necessary expenses of said com-
mission.

The duties of the city planning commission shall be advisory
only to the director of public works. and in general said duties shall
be as follows:

(1) To keep itself informed of the progress of city planning in
this and other countries. to make investigations into existing phy-
sical conditions in the city of Norfolk and vicinity and compile
information relative thereto.

(2) To determine and report upon what should be done to
improve those conditions.

(3) To prepare a comprehensive city plan for the future
improvement and growth of the city within and without the city
limits, including recommendations for:

(a) Improvement of the river and harbor fronts.

(b) Extension of streets and opening of new sub-divisions.

(c) Improvement of entrances and terminals to and from the
city, particularly those of the public service corporations, looking
to the future harmonious development of a city plan.

(d) A rapid transit system, including terminal projects when
the same may become advisable.

(e) Extension of car lines into outlying districts.

(f) Playgrounds, parks and boulevard system.

(g) Location of public buildings and other public works as,
in the opinion of the commission, will tend to make Norfolk a more
convenient and attractive city.

(4) After money to cover the cost thereof shall have been
appropriated by the council, to cause the necessary survey to be
made, and to prepare a plat for the extension of the city for such
distance beyond the city limits as said commission shall deem advis-
able, which plat shall harmonize with projected improvements
within the present city limits, shall carefully conserve the topogra-
phy of the land as may be requisite for sanitary influences and pur-
poses, and shall make ample provision for factory and other com-
mercial territory, with efficient transportation service, and may pro-
vide residence areas apart from the commercial and industrial zones;
provided that such plat shall not include territory within the cor-
porate limits of any other city or town.

(5) To suggest, upon the written approval of its chairman and
of the city manager, such legislation as may be necessary to facili-
tate the carrving out of the commission’s recommendations.

See. 56. Board of dock commissioners.—The board of dock com-
issioners of said city, as now constituted, shall be continued until
anv and all public wharves or docks which may be under construc-
tion when this charter goes into effect shall be completed and ready
for use; provided, that the said board shall in no event be continued
bevond the first day of September, 1921. All members of said
board in office at the time this charter takes effect shall continue to
le members of said board, except that the president of the common
council and the president of the board of aldermen under the exist-
ing charter shall cease to be members of said board upon the takin
effect of this charter, and thereupon the president of the council an
the city manager shall ipso facto become members of the said board
in their place and stead.

Upon the death or resignation or other disability of any mem-
ler of said board, or upon the expiration of the term of office of
any member, the council shall elect a qualified voter of said city to
fill such place for the unexpired term, or to succeed the member
whose term has ended, as the case may be. The said board shall
have the management and supervision of the erection and construc-
tion of all such public wharves and docks under such rules and
regulations as the council may by ordinance prescribe; provided
that whenever such wharves and docks or any of them shall have
been completed, the authority of the said board over the same shall
cease and thereafter the director of public works shall manage,
operate and control the same under such rules and regulations
as the council may by ordinance prescribe.

Sec. 57. Laying out of streets and rights therein.—Whenever
any street. alley or lane shall have been opened to and used as such
by the public for the period of five years the same shall thereby
become a street, alley, or lane for all purposes, and the city shall
have the same authority and jurisdiction over and right and inter-
est therein as it has by law over the streets, alleys, and lanes laid
out by it. And any street or alley reserved in the division or sub-
division into lots of any portion of the territory within the cor-
porate limits of the city by a plat or plan of record shall be deemed
and held to be dedicated to the public use, and the council shall
have authority, upon the petition of any person interested therein.
to open such street or allev, or any portion of the same. No agree-
ment between or release of interest by the person owning the lands
immediately contiguous to any such alley or street, whether the same
has been opened and used by the public or not, shall avail or oper-
ate to abolish said alley or street, so as to divest the interest of the
the public therein. or the authority of the council over the same.
No property within the corporate limits of said city shall be Jaid
out by the owner thereof with streets or alleys thereon except upon
a plan to be approved by the director of public works. Notwith-
standing anything in this section contained, the said city shall not
be liable for any “accident which may occur upon anv street, alley.
boulevard or way, whether heretofore or hereafter Jaid out, until
the said street, boulev ard, alley or way shall have been accepted
by the council.

DEPARTMENT OF PuBLIC WELFARE.

Sec. 58. General powers and duties.—The head of the depart-
ment of public welfare shall be known as the director of public
welfare.

Subject to the supervision and control of the city manager in
al] matters. he shall administer the affairs of his department, which
shall include the management and supervision of all charitable, cor-
rectional and reformatory institutions and agencies belonging to the
city; the use of all recreative facilities of the city, including parks
and playgrounds other than school playgrounds; the management
and supervision of cemeteries; the maintenance and preservation of
shade trees and shrubbery; the inspection and supervision of al]
public amusements and entertainments, and of the places where the
same are held: the enforcement of all laws. ordinances and regula-
tions relative to the preservation and promotion of the public health
the prevention and restriction of all disease, including the enforce
ment in time of threatened epidemic, of such quarantine and isc
lation regulations as are appropriate to the emergency; the preven
tion, abatement and suppression of nuisances; the sanitary inspec
tion and supervision of the production, transportation, storage an
sale of food and foodstuffs; the inspecting, testing, measuring an
weighing of anv commodity or article of consumption or use withi
the city, as well as the inspection of weights. measures and meter
used for the purpose aforesaid. The said department shall kee
a complete and accurate system of vital statistics.

The council shall provide for the establishment and organiza
tion within the said department and subject to the supervision o
the director thereof of the following divisions or bureaus:

(a) Bureau of public health, which shall be charged with th
conservation of the public health, ‘with the supervision, managemer
and control of all hospitals, municipal clinics and dispensaries, 0
all detention or isolation stations for contagious diseases: with th
sanitarv supervision of the city water supply and the sanitarv polic
ing and patrol of the territorv constituting the water-shed thercof
the sanitary inspection of all plumbing, buildings, grounds an
premises. including public buildings and public school buildings
the phvsical inspection of the pupils of public schools. and th
administration to such pupils of such medical and surgical super
vision and attention as the council may by ordinance provide: th
sanitary inspection and supervision of the production, transports
tion. storage and sale of all foods and foodstuffs and of all article
and things intended for human consumption; and the keeping o
a complete record of vital statistics.

The superintendent of the bureau of public health shall be th
health officer of the city. He shall be a member of the medical pre
fession, and shall at the time of his appointment have practice
his profession at least five years, and shall give his entire time t
the duties of his position. He shall have such assistants as th
council may by ordinance provide.

(b) Bureau of markets, which shall be charged with the supe:
vision, management and control of all public markets; and wit
the collection of all market fees, and the proper accounting for th
same.

(c) Bureau of recreations and charities, which shall be charge
with the supervision and control of all charitable, correctional an
reformative institutions belonging to the city, and of all recreations
facilities of the city, including parks and playgrounds, other tha
school playgrounds; with the management and supervision of cen
eteries and also with the inspection and supervision of all publ:
amusements and entertainments and of the places where the sam
are held.

The director of public welfare shall endeavor to correlate a
private and public charities within said city, and so far as 1s pract
cable to avoid duplication of effort.
The council shall make no appropriation of public funds towards
the maintenance and support of any private charity except upon
conditions that the city shall have representation upon the board
of directors, board of managers or other governing body of such
private charity, and that a detailed financial report, showing all
receipts and disbursements by such private charity shall be made
to the director of public welfare at least once in each year. But
nothing herein shall be construed to prevent the city from con-
tracting with any private hospital or similar institution for the
care of indigent sick or injured persons, or for other services.

The director of public welfare or such other person within said
department as he may designate, shall represent the city on the
board of directors, board of managers or other governing body of
any charity to which public funds shall have been contributed upon
the conditions aforesaid.

(d) Bureau of standards. which shall be charged with the
inspection and testing of all weights, scales, meters and measures for
the weighing or measuring of any article or commodity of consump-
tion or use within the city, including the inspection and testing of
the quality and sufficiency of electric current and gas and meters
used in measuring the same.

The council may by ordinance add to the functions and duties
of the said several divisions or bureaus; or rearrange and group
the said functions as said council may deem expedient.

DEPARTMENT OF Pusnic SAFETY.

Sec. 59. General powers and duties.—The head of the depart-
ment of public safety shall be known as the director of public safety.

Subject to the supervision and control of the city manager in all
matters, he shall be the executive head of the divisions of police
and fire. He shall also be the chief administrative authority in all
matters pertaining to the erection, maintenance, repair, occupancy
and mspection of buildings under such regulations as may be or-
dlained by the council.

Sec. 60. Division of police—The police force shall be composed
of a chief of police and of such officers, patrolmen and other employ-
ees as the city manager may determine. The chief of police shall
have the immediate direction and control of the said force, sub-
ject, however, to the supervision of the director of public safety.
and to such rules, regulations and orders as the said director may
prescribe. and through the chief of police the director of public
safety shall promulgate all orders, rules and regulations for the
government of the whole force. In case of the disability of the
chief of police to perform his duties by reason of sickness, absence
from the city or other cause. the director of public safety shall des-
ignate one of the captains of police to act as chief of police during
such disability, and the officer so designated shall serve without
additional compensation. The members of the police force other
than the chief shall be selected from the list. of eligibles prepared
bv the civil service commission, and in accordance with such rules
as the said commission may prescribe, provided that in case of riot
or emergency the director of public safety may appoint additional
patrolmen and officers for temporary service, who need not be in
the classified service. Each member of the police force, both rank
and file, shall have issued to him a warrant of appointment signed
by the director of public safety, in which the date of his appoint-
ment shall be stated, and such warrant shall be his commission.
Each member of the said force shall, before entering upon the duties
of his office, take and subscribe an oath that he will faithfully
without fear or favor, perform the duties of his office, and such
oath shall be filed and preserved with the records of said depart-
ment. And in addition the several officers of the said force shall,
if so required by the council, give bond in such penalty and with
such security as the council may by ordinance prescribe.

No person except as otherwise provided by general law or by
this charter shall act as special police, special detective or other spe-
cial police officer for any purpose whatsoever except upon written
authority from the director of public safety. Such authority, when
conferred, shall be exercised only under the direction and control
of the chief of police and for a specified time.

The officers and privates constituting the police force of said city
shall be, and they are, hereby invested with all of the power and
authority which pertains to the office of constable at common law
in taking cognizance of and in enforcing the criminal laws of the
State and the ordinances and regulations of said city, and it shall
be the duty of each such officer and private to use his best endeavors
to prevent the commission within the said city of offenses against
the laws of said State, and against the ordinances and regulations
of said city; to observe and enforce all such laws, ordinances and
regulations; to detect and arrest offenders against the same; to pre-
serve the good order of said city, and to secure the inhabitants
thereof from violence, and the property therein from injury. Such
policemen shall have no power or authority in civil matters, but
shall execute any criminal warrant or warrant of arrest that may
be placed in his hands by any justice of the city, and shall make due
return thereof. Such policemen shall not receive any fee or other
compensation for any services rendered in the performance of his
duty, other than the salary paid him by the city, nor shall he receive
a fee as a witness in any case arising under the criminal.laws of
the said State, or under the ordinances or regulations of the said
city.

The director of public safety shall prescribe the uniforms and
badges for the members of the police force, and direct the manner
in which the members of said force shall be armed. Any person
other than a member of said force who shall wear such uniform or
badge as may be prescribed as aforesaid, may be subjected to such
fine or imprisonment, or both, as may be prescribed by the council
by ordinance.

Sec. 61. Home guards.—For the further preservation of the
public safety the city shall have power in time of war or insurrec-
tion, to establish, equip and maintain a body of citizens to be known
as the home guards, the members of which when called into service
as hereinafter provided shall have all the powers and authority
and all the immunities of constables at common law. In case of war
or insurrection the council shall appoint a committee of five citizens,
to be known as the city defense commission, whose duty it shall be
to organize the home guards above provided for into such compa-
nies and battalions as the said committee may deem best, and to
adopt and promulgate all necessary rules and regulations for their
government. The council shall have authority to make such appro-
priation or appropriations as may be necessary to arm, equip, uni-
form and maintain the said home guards. It shall be the duty of
the members of the home guards to act in defense of the property
and lives of the citizens of Norfolk, and to aid the police in main-
taining and preserving good order when in time of war or insur-
rection they may be called into active service by the director of pub-
lic safety. They shall not be required to act beyond the limits of the
jurisdiction of the city of Norfolk, except when called upon to pro-
tect any public property belonging to the said city which may be
located beyond its boundaries. The city defense commission shall
remain in office until the exigency that necessitated its creation has
passed or until dissolved by the council, and the home guards organ-
ized by said commission shall disband at that time and turn over
to the city all arms, accoutrements and equipment which may have
been supplied them at public expense. The members of said com-
mission and of said home guards shall serve without compensation.

Sec. 62. Division of fire—The fire force shall be composed of
a chief and of such other officers, firemen and employees as the city
manager may determine. The tire chief shall have immediate
direction and control of the said force, subject, however, to the super-
vision of the director of public safety, and to such rules and regula-
tions and orders as the said director may prescribe, and through the
fire chief the director of public safety shall promulgate all orders,
rules and regulations for the government of the whole force.

The members of the fire force other than the chief shall be
appointed from the list of eligibles prepared by the civil service
commission and in accordance with such rules and regulations as
may be prescribed by the said commission; provided, however, that
in case of riot, conflagration or emergency, the director of public
safety may appoint additional firemen and officers for temporary

service who need not be in the classified service. .

The chief of the fire department and his assistants are authorized
to exercise the powers of police officers while going to, attending
or returning from any fire or alarm of fire. The fire chief and each
of his assistants shall have issued to him a warrant of appointment
signed by the director of public safety, in which the date of his
appointment shall be stated, and such warrant shall be his commis-
sion. The director of public safety shall prescribe the uniform and
badges for the members of the fire force.
Whenever any building in said city shall be on fire it shall be
lawful for the chief of the fire department to order and direct such
building or any other building which he may deem hazardous and
likely to communicate fire to other buildings, or any part of such
buildings, to be pulled down or destroyed; and no action shall be
maintained against said chief or any person acting under his author-
ity or against the city therefor. But any person interested in the
property so destroyed may within one year thereafter apply in
writing to the council to assess and pay the damages he has sus-
tained. The council may thereupon pay to the claimant such sum
as may be agreed upon between him and the council. If no agree-
ment be effected, such claimant may give to the city attorney of said
city ten days’ written notice of his intention to apply to the corpo-
ration court of said city for the appointment of commissioners to
ascertain and assess his said damage. Upon its appearing that such
notice has been given, the corporation court of said city shall appoint
five disinterested freeholders, residents of said city, any three or
more of whom may act, for the purpose of ascertaining and assess-
ing the amount of such damages. Thereupon the said commission-
ers shall proceed to ascertain and assess the amount of such damages
in the same manner as Is now or may hereafter be provided by law
in the case of taking private property for public use, and the proce-
dure upon the filing of the report of said commissioners shall con-
form as nearly as may be to the procedure under the statutes of
Virginia relating to eminent domain.

Sec. 63. Supervision in divisions of police and fire.-—The chief
of police and fire chief shall have the right and power to suspend
any of the officers and employees in their respective divisions who
may be under their management and control for incompetence, neg-
lect of duty, immorality, drunkenness, failure to obey orders given
by proper authority, or for any other just and reasonable cause. If
an officer or employee be suspended as herein provided, the chief of
the division concerned shall forthwith in writing certify the fact,
together with the cause for suspension, to the city manager, who
shall, after hearing, render judgment thereon, which judgment, if
the charge be sustained, may be a reprimand, fine, suspension, reduc-
tion in rank, or dismissal, and in every case shall be final.

Sec. 64. Suspension and removal of chief of police and fire
chief—The city manager shall have power to suspend or dismiss
the chief of police and fire chief at any time, and his action in every
~uch case shall be final.

DEPARTMENT OF JPINANCE.

Sec. 65, General powers and duties—The head of the depart-
ment of finance shall be known as the director of finance. He shall
have direct supervision over the department of finance and over the
administration of the financial affairs of the city, including the keep-
ing of accounts and financial records, the collection of taxes, special
assessments and other revenues, the custody and disbursements of
city funds and momes, and shall perform such other duties as the
council may by ordinance provide.

Sec. 66. The city auditor, accounts. records and reports.—The
city auditor shall be elected at the time, in the manner and for
the term prescribed in section 11 of this charter. He shall be an
experienced accountant, preferably one who has had experience
in municipal accounting. He shall install and have supervision
over the accounts of all departments and offices of the city. Such
accounts shall show in detail the financial transactions of all de-
partments. So far as is practicable, the books of financial account
for all departments shall be kept in the oflice of the department
of finance. Accounting procedure shall be devised and maintained
for the city, adequate to record in detail all transactions affecting
the acquisition, custody and disposition of values, including cash
receipts and disbursements. ‘The director of finance shall cause a
monthly statement to be presented to the council at a regular meet-
ing in each month showing the aggregate receipts and expendi-
tures of each department of the city for the preceding month, and
such statement shall be published by the council in such manner
as to afford full publicity thereto.

At the end of each fiscal year the council shall cause to be
printed an annual report in pamphlet form giving a classified
statement of all receipts and expenditures, assets and liabilities of
the city, a detailed comparison of the revenues and expenditures
for such year with those of the preceding vear. a summary of the
proceedings of the council, and a summary of the operations of
the administrative departments for the preceding twelve months.
The said report shall contain a certificate bv the certified public
accountant mentioned in section 99 of this charter, to the effect
that the financial statement contained therein is a true and accurate
statement of the financial condition of said city as shown by the
books of account of the several departments thereof. A copy of
this report shall be furnished to any citizen who may apply there-
for at the office of the city clerk.

Sec. 67. The annual budget.—At least sixty days before the
end of each fiscal year, the city manager shall prepare and submit
to the council an annual budget. for the ensuin fiscal year, based
upon detailed estimates furnished by the several departments and
other divisions of the city government according to a classification
as nearly uniform as possible. The budget shall present the follow-
ing information:

(a) An itemized statement of the appropriations recommended
with comparative statement in parallel columns showing appro-
priations made for the current and next preceding year.

(b) An itemized statement of the taxes required and of the
estimated revenues of the city from all other sources for the ensuing
fiscal year, with comparative statements in parallel columns of the
taxes and other revenues for the current and next preceding year.
and of the increases or decreases estimated or proposed.

(c) A fund statement showing condition of the various appro-
priations, the amount of appropriations remaining unencumbered,
and the amount of revenues remaining unappropriated.

(d) Explanatory text relative to the conditions, reasons, etc.,
connected with the estimates for the ensuing year; also a work
program showing the undertakings to be begun and those to be
‘ompleted during the next year and each of several years in advance.

(e) <A statement of the financial condition of the city, and

(f) Such other information as may be required by the council.

Copies of such budget shall be printed and available for dis-
iribution not later than two weeks after its submission to the coun-
*il; and a public hearing shall be given thereon by the council before
inal action.

Sec. 68. The annual appropriation.—At least thirty days before
the end of each fiscal year the council shall pass the annual appro-
priation ordinance which shall be based on the budget submitted
by the city manager; and shall levy such tax for the ensuing fiscal
year as may be necessary to meet the appropriations made and all
sums required by law to be raised for account of the city debt, to-
vether with such addition, not exceeding five per cent., as may be
necessary to meet commissions, fees and abatements from the esti-
nates in the amount of taxes collected. The total amount of appro-
priations shall not exceed the estimated revenues of the city.

Sec. 69. Fiscal year.—From and after January 1, 1920, and
until otherwise provided. by the council by ordinance, the fiscal
year for said city shall begin on the first day of January and end
with the thirty-first day of December of each year. Not later than
June first, 1919, a budget shall be prepared and an appropriation
ordinance adopted, covering the period from July first, 1919, to
January first, 1920. License for the privilege of. doing business
in the year, 1919, from and after May first of said year, shall
cover the period from May first to and including December thirty-
tirst of said year; and the taxes thereon shall be apportioned ac-
cordingly. Thereafter the budget shall be prepared annually as
ubove provided. From and after January first, 1920, and until
otherwise provided by the council by ordinance, city license taxes
for doing business shall be payable during the month of January of
each year, and city taxes on real estate shall be payable during
the month of July of each year, and city taxes on personal property
shall be payable during the month of November of each year.

Sec. 70. Unencumbered balances.—At the close of each fiscal
year, or upon the completion or abandonment at any time within
the year of any work, improvement or other object for which a
specific appropriation has been made, the unencumbered balance
of each appropriation shall revert to the respective fund from
which it was appropriated and shall be subject to further appro-
priation. No money shall be drawn from the treasury of the city
nor shall any obligation for the expenditure of money be incurred
except pursuant to the appropriations made by the council. -

Sec. 71. Payment of claims.---Payments by the city shall be
made only upon vouchers certified by the head of the appropriate
department or other division of the city government, and by means
of warrants on the city treasurer, issued by the director of finance
and countersigned by the city manager. During such time as the
city manager shall act as director of finance such warrants shall
be issued by the city auditor and countersigned by the city manager.
The director of finance, or, 1f the city manager be acting as director
of finance, then the city auditor, shall examine all pay rolls, bills
and other claims and demands against the city; and shall issue no
warrant for payment unless he finds that the claim is in proper
form, correctly computed and duly certified; that it is justly and
legally due and payable; that an appropriation has been made there-
for which has not been exhausted, or that the payment has been
otherwise legally authorized; and that there is money in the city
treasury to make payment. The city manager or the city auditor,
as the case may be, may require any claimant to make oath to the
validity of a claim; may investigate any claim, and for such pur-
oses may examine witnesses under oath; and if such claim be
ound fraudulent, erroneous or otherwise invalid, shall not issue
a warrant therefor.

Sec. 72. Certification of funds.—No contract, agreement or other
obligation involving the expenditure of money shall be entered into
nor shall any ordinance, resolution or order for the expenditure of
money be passed by the council or be authorized by any officer of
the city, unless the city auditor shall first certify to the council or
to the proper officer, as the case may be, that the money required
for such contract, agreement, obligation or expenditure is in the
city treasury to the credit of the fund from which it is to be drawn.
and not appropriated for any other purpose, which certificate shall
be filed and preserved. The sum so certified shall not thereafter be
considered unencumbered, until the city is discharged from the
contract, agreement or obligation. |

Sec. 73. Money in fund.—All monies actually in the treasury to
the credit of the fund from which they are to be drawn and all
monies applicable to the payment of the obligation or appropriation
involved that are anticipated to come into the treasury before the
maturity of such contract, agreement or obligation from taxes, as-
sessments, license fees, or from sales of property or of servicas.
products, or by-products of any city undertaking, and monies to
be derived from lawfully authorized bonds, for the purpose of
such certificate shall be deemed in the treasury to the credit of the
appropriate fund and subject to such certification.

Sec. 74. City treasurer.—The city treasurer shall be elected at
the time, in the manner and for the term provided in section 23
of this charter. He shall give bond in such sum not less than
one hundred thousand dollars, as the council may prescribe, with
surety to be approved by the council, conditioned for the faithful
discharge of his official duties in relation to the revenue of the
city. and of such other official duties as may be imposed upon him
by this charter and the ordinances of the citv. Subject to the super-
vision of the director of finance, he shall collect and receive all city
taxes, levies, assessments, license taxes, rents, water rents, fees and
all other revenues or monies accruing to the city, and for that pur-
pose shall be vested with any and all powers which are now or
may hereafter be vested in such city treasurer as collector of State
taxes. He shall be the custodian of all public money of the city,
and of all other money coming into his hands as city treasurer.
The city treasurer shall keep and preserve such moneys in such
banks or trust companies as may be determined by ordinance or
by the provisions of any law applicable thereto. The aggregate
deposit of city funds with any one bank or trust company shall
not, at any one time, exceed twenty-five per cent. of the capital,
surplus and undivided profits of any such institution. It shall be
the duty of said city. treasurer to conduct all of the proceedings
and render all services necessary to perfect the sale and transfer
of real estate in said city, where the same shall be sold or advertised
for sale for the non-payment of any taxes or assessments imposed
by the council. He shall perform such other duties, have such
powers and be liable to such penalties as are now or may hereafter
be prescribed by law or ordinance. For such services the city treas-
urer shall receive such compensation as the council may from time
to time prescribe by ordinance.

Sec. 75. Commissioner of the revenue—The commissioner of
the revenue shall be elected at the time, in the manner and for the
term provided in section 23 of this charter. He shall give bond in
such sum not less than ten thousand dollars, as the council may
by ordinance prescribe, with surety to be approved by the council,
conditioned for the faithful performance of all of his duties under
this charter, and under any ordinance of the city. He shall, sub-
ject to the supervision of the director of finance, perform such
duties not inconsistent with the laws of the State in relation to
the assessment of property and licenses as may be required by the
council for the purpose of levying city taxes and licenses. He
shall have power to administer such oaths as may be required by
the council in the assessment of license taxes or other taxes for the
city. He shall make such reports in regard to the assessment of
both property and licenses, or either, as may be required by the coun-
cll or by the director of finance. The council may by ordinance re-
quire that all tax bills shall be made out by the commissioner of
the revenue and delivered in such manner as said ordinance may
prescribe. For all such services the said commissioner of the revenue
shall receive such compensation as the coiincil may from time to
time prescribe by ordinance.

Sec. 76. Vacancies in the office of city treasurer or commissioner
of the revenue.—In case of a vacancy in the office of the city treas-
rer or commissioner of the revenue the council shall elect. a quali-
hed person to fill the office in which such vacancy occurs for the
inexpired term; provided that if the term of office so filled does
Lot expire for two years or more after the next regular municipal
rlection for the election of councilmen following such vacaney, and
ich vacancy occurs in time to permit it, a city treasurer or com-
missioner of the revenue, as the case may be, shall then be elected
and shall from and after the date of his qualification succeed such
appointee and serve the unexpired term.

Sec. 77. City purchasing agent.—The city purchasing agent
shall, in manner provided by ordinance, and under the supervision
of the director of finance, purchase all supplies for the city, and
sell all personal property of the city that may have been condemned
as useless by the director of a department. He shall have charge of
such storerooms and storehouses of the city as may be provided
by ordinance, in which shall be stored all supplies and materials
purchased by the city and not delivered directly to the various
departments, and he shall inspect or cause to be inspected all sup-
phes delivered to determine quality and quantity and conformity
to specifications, and no voucher shall be honored unless the accom-
panying invoice shall be endorsed as approved by the city pur-
chasing agent.

The city purchasing agent may require from the director of each
department at such times as contracts for supplies are to be let, a
requisition for the quantity and kind of supplies to be paid for
from the appropriation of the department.

Upon certification that. funds are available in the proper appro-
priations such goods shall be purchased and shall be paid for from
funds in the proper department for that purpose. However, this
procedure shall not prevent the city purchasing agent from purchas-
ing goods for cash to the credit of the store's account, to be fur-
nished the several departments on requisition, goods so furnished
to be paid for by the department furnished therewith by warrant
made payable to the credit of the store’s account.

The city purchasing agent shall not furnish any supplies to or
purchase any supphes for anv department unless there be to the
credit of such department an available appropriation balance in
excess of all unpaid obligations sufficient to pay for such supplies.

Before making any purchase or sale, the city purchasing agent
shall give opportunity for competition, all proposals to be upon
precise specifications, and under such rules and regulations as the
council shall establish. Whenever practicable, the city purchasing
agent shall furnish standard specifications and invite bids or pro-
posals on the basis thereof. Each order of purchase or sale to Iu
approved and countersigned by the city manager or the person dis-
charging his duties for the time being.

Sec. 78. Emergency purchases.—In cases of emergency, pur.
chases may be made without competition, if a sufficient appropria:
tion has theretofore been made against which such purchases may
lawfully be charged. In such cases a copy of the order issued shal
be filed with the city purchasing agent, together with a certificate
by the head of the department, stating the facts constituting the
emergency. A copy of this certificate shall also be attached to anc
filed with the voucher covering payment for the supplies.

Sec, 79. Contingent fund.—Provision shall be made in the an
nual budget and in the annual appropriation ordinance for a reason
able contingent fund for use in any of the administrative depart-
ments of the city. Such contingent fund shall be under the ex-
clusive control of the city manager. In case of emergency, upon
written request by the head of any department, stating the facts
constituting such emergency, the city manager may in writing auth-
orize the transfer from the contingent fund to the credit of the
department making such request of a sum sufficient to meet the
proposed emergency expenditure. He shall transmit a copy of such
written authority to the city auditor and likewise to the depart-
ment making such request. Upon the receipt by the city auditor
of such copy the said sum shall be available for the purpose afore-
said. He shall at least once in each quarter report to the council
in writing all such emergency payments, together with a statement
of the facts constituting the emergency in each case.

Sec. 80. Public improvements.—Any public work or improve-
ment costing more than one hundred dollars, except as provided in
the next succeeding section, shall be executed by contract. AI] con-
tracts for more than one hundred dollars shall be awarded to the
lowest responsible bidder after public advertisement and compe-
tition. as may be prescribed by ordinance. But the city manager
shall have the power to reject any and all bids and all advertise-
ments shall contain a reservation of this right.

Sec. 81. Improvements by direct labor. Emergency work.—
After bids shall have been advertised for and received for making
any public improvement or doing any public work, the council may
authorize the making of such improvement or doing of such work
by the direct employment of the necessary labor and purchase of
the necessary materials and supplies on the basis of detailed esti-
inates submitted by the department authorized to execute such work
or improvement: provided the probable cost of such work or im-
provements as shown by such estimate is less than the bid of the
lowest. responsible bidder for the same work or improvement; and
provided further, that the city manager shall certify to the council
that in his opinion the cost of making such improvement or doing
such work will not exceed the said estimate. Separate accounts shal]
be kept of all work and improvements so done or made.

In an emergency requiring immediate action the city manager
mav cause any such improvement. to be made or other public work
to be done by direct employment of the necessary Jabor and pur-
chase of the necessary matcrial and supplies without previousls
advertising for or receiving bids therefor. Everv such case shal
he reported by him in writing to the council at its next regulat
meeting with a statement of the facts constituting such emergency
Separate accounts shall be kept of all such work; provided that
nothing in this or the next preceding section shall prevent the saic
eity from doing maintenance and repair work by direct labor anc
from maintaining a reasonable force of men for that purpose.

Sec. 82. Alterations or modification of contracts.——When it be.
comes necessary in the prosecution of anv work or improvement
under contract to make alterations or modifications of such contract
such alterations or modifications shall be made only on the order of
the city manager. No such order shall be effective until the price to
be paid for the work and material, or both, and the credits, if any,
to be allowed the city, under the altered or modified contract, shall
have been agreed upon in writing and signed by the contractor and
by the citv manager.

Sec. 83. Contracts for public advertising.—All public adver-
tising or publications necessary under this charter shall be in a daily
newspaper of general circulation, published in the city, and shall
be done by contract; or in a journal published by the city as may
be determined by ordinance: provided that the publication of notice
of the sale of lands for delinquent taxes and assessments thereon
under section 90 of this charter shall only be in a newspaper of
general circulation published in said city. If such contract shall
be with the publisher of a newspaper it shall be entered into only
after opportunity has been given for competition under such rules
und regulations as the council mav provide and for a term not
exceeding one year.

Sec. 84. Actions against the city for damages.—No action shall
be maintained against the said city for damages for an injury to
any person or property alleged to have been sustained by reason
of the negligence of the city, or of any officer, agent or employee
thereof, unless a written statement, verified by the oath of the
claimant, his agent or attorney. of the nature of the claim and of
the time and place at which the injury is alleged to have occurred
or been received, shall have been filed with the city attorney of
said city within thirty days after such cause of action shall have
accrued.

Sec. 85. Sinking fund coimmissioners.—At its first meeting in
September, 1918, or as soon thereafter as practicable, the council
shall elect three qualified voters of said city. to constitute the board
of sinking fund commissioners of the city of Norfolk. one of whom
shall be elected for a term of six years, and until his successor
shall have been elected and qualified; one for the term of four
years, and until his suecessor shall have been elected and qualified ;
and one for the term of two years, and until his successor shall have
been elected and qualified. Thereafter on the expiration of the said
respective terms, the council shall elect a qualified voter of said
city to serve as a member of said board for the term of six years
and until his successor sha] have been elected and qualified. When-
ever a vacancy shall occur in said board by reason of death, resig-

nation or otherwise, the council shall elect a qualified voter of said
city to fill such vacancy for the unexpired term.

The said board shall receive and hold all the funds of the said
city now or hereafter appropriated by the council as a sinking fund
for the purpose of meeting the indebtedness of the said city, and
manage and invest. the same and receive the interest or income there
from, and may at all times, either in its own name, or in the name
of the city of Norfolk, institute and prosecute any suit, at law or
in equity, which in the opinion of said board may be necessary in
the management, preservation or protection of said fund.

The city treasurer shall pay over to the said board all moneys
uppropriated to the said fund by any law or ordinance which may
now or hereafter be effective.

All moneys received by the said board shall be invested in regis-
tered bonds either of the United States or of the State of Virginia,
or in registered or.coupon bonds of the city of Norfolk, in either or
all of them, and in such proportion as to the said board may seem
proper, and may also be invested in the floating or temporary
obligations of the said city as the same may be authorized and issued
from time to time, and shall be held by the said board subject to
be appropriated by ordinance of the council to the payment in whole
or in part of the debt of the said city; provided that the funds
received by the said board for the payment of the Norfolk city water
bonds, and the accumulations thereof, shall be held solely for the
pavment of the said Norfolk city water bonds when and as they
shall fall due; and provided, further, that any payments made to
the said board in respect of any bonds, notes, or other obligations
issued after April first, nineteen hundred and sixteen, shall be held
and kept in separate accounts pertaining to the several bond issues
in respect of which said payments are made, and all accumulations
of or upon said payments shall likewise be held and kept in said
separate accounts, and shall not be subject to appropriation by the
council except for the purpose of paying the several bond issues 1n
respect of which said payments shall have been made; and provided,
further, that the said sinking fund, exclusive of the funds held
for the redemption of the Norfolk city water bonds or other specific
issue of bonds, shall not at any time be reduced below the sum of two
hundred thousand dollars by any appropriation from said fund to
the payment of the indebtedness of the said city so long as there may
he any bonded indebtedness of the said city outstanding for that
amount or more.

[t shall be the duty of the board to protect the city against any
increase of indebtedness beyond the limit provided by law, and all
bonds of the city hereafter issued, except such bonds as may be law-
fully issued beyond the limit pursuant to the provisions of section
one hundred and twenty-seven of the Constitution of the State, shall
have upon them a certificate to that effect signed by all the members
of the said board.

Each member of the said board, before entering upon the duties
uf his office, shall give bond, payable to the said city, for such amount
and in such manner as may be prescribed by the council, by ordi-
nance, and conditioned for the faithful performance of the trust
reposed in him.

The said board shall semi-annually, in the months of January
and July of each year, report to the council all bonds, securities and
moneys in its hands or under its control, and also at such other times
as may be required by the council or by the city manager, and such
accounts shall be examined and audited as soon thereafter as practi-
cable by the city auditor or by such agency or other means as the
council may direct. The said board shall also report to the director
of finance all investments made by it, and all moneys received by
it within thirty days after the same shall have been made or re-
ceived, and the director of finance shall keep an account of the same
and report the said account to the council semi-annually in January
and July of each year, and as much oftener as may be required by
the council. |

Sec. 86. Bond issues.—(1) The council may in the name and
for the use of the city contract debts and make and issue or cause
to be made and issued as evidence thereof, bonds, notes or other
obligations, upon the credit of the city or solely upon the credit of
specific property owned by the city, or solely upon the credit of in-
come derived from property used in connection with any public
utility owned and operated by the city. such bonds and notes or other
obligations to be either coupon or registered bonds, or coupon bonds
with the privilege to the holder of having the same registered as to
principal or as to both principal and interest. But except as pro-
vided in clause (4) of this section no debt shall hereafter be con-
tracted for a longer period than that of the probable life of the
work or object for which the debt is to be contracted, to be deter-
mined by the director of public works and by him certified as here-
inafter provided. In determining the probable life or probable
average life of works or objects as hereinafter provided, the director
of public works shall not deem the life of the following classes of
work or objects to exceed the following periods; namely; roadways
of streets having, at the time the debt is contracted, railroad or
street railway tracks thereon, fifteen years; roadways of all other
streets, twenty years; schoolhouses, thirty years; other public build-
ings, forty years; iron bridges, thirty years; concrete bridges, forty
vears; parks or other real estate, fifty years; and all other works
or objects not hereinabove specified, thirty years. In the event that
a debt shall be authorized for purposes falling within two or more
of the above named classes, it shall be the duty of the director of
public works to determine and certify as hereinafter provided the
probable average life of the works or objects for which said debt
is contracted, taking into consideration the nature of said works or
objects and the portion of said debt applicable to said works or ob-
jects, respectively. The words “probable life,” as herein used, shall
be construed to mean the length of time that will probably elapse
before any particular improvement (assuming it to be kept in rea-
sonable current repair) will reasonably require replacement.

(2) No bond, note, or other obligation of the city shall hereafter
be issued except as hereinafter provided in the case of temporary
loans, unless and until there is filed with the city clerk a certificate
from the director of public works in substantially the following
form:

“T hereby certify that the probable life (or the ‘probable aver-
age life’) of the work or object (or ‘the works or objects’) for
which the debt authorized bv the ordinance entitled (naming it) is
contracted is as great as the longest period fixed for the maturity
of an obligation issued or to be issued under the said ordinance”;
and the said certificate shall be conclusive.

(3) The maximum periods hereinabove fixed for the contract-
ing of debts for the several purposes hereinabove set forth may be
changed at any time by the general assembly, or under its authority.
as to any bonds to be issued after said change is made, and such
change shall not be deemed to constitute an impairment of the obli-
gation of the contract of the city as to any bonds theretofore issued.

(4) Notwithstanding anything in this section contained, it shall
be lawful for the said city to issue, without the certificate of the
director of public works above mentioned, bonds, notes, or other
obligations for the purpose of refunding, so far as necessary, any
obligations of the city created before April first, nineteen hundred
and sixteen, but maturing thereafter, or for the purpose of refund-
ing bonds of the city heretofore issued which mature not more than
three years after the date of their issue; but no such refunding
bonds. notes or other obligations shall be issued for a period of more
than twenty-five vears, except that bonds issued for the purpose of
refunding bonds of said city heretofore issued which mature not
more than three years after the date of their issue may be issued for a
term not exceeding thirty-five years; and all such refunding bonds
shall conform to the requirements set forth in clause (5) or clause
(6) hereof, as the case may be. e

(5) Hereafter, except as provided in clause (6) of this section,
no debt shall be contracted, nor any bond, note or other obligation
of the city issued, except as hereinafter provided in the case of
temporary loans, unless by the ordinance or ordinances authorizing
the same there be required the annual or semi-annual payment, as a
sinking fund, to the board of sinking fund commissioners of the
city of Norfolk of a sum, or sums, to be fixed in and by said ordi-
nance or ordinances, which, if annually or semi-annually paid as
provided by said ordinance or ordinances, will (as shown by any
sinking fund tables in accepted use among bankers), with interest at
four per centum per annum thereon and upon the accumulations
thereof, produce at the date of maturity of the bonds the amount
of the date to retire which said sinking fund was created; and
the said amount shall be annually appropriated by the council and
shall be paid annually if said amount shall have been fixed on the
basis of annual payments, and semi-annually if such amount shall
have been fixed on the basis of semi-annual payments; provided
that after the sinking fund created for any issue of bonds shall
equal the total amount of said issue, the obligation of the city to
make further payments in respect thereof shall cease and determine,
except to make good any losses to the said sinking fund. Not less
than five nor more than six years after the date of each issue of
bonds, notes or other obligations hereunder, it shall be the duty of
the board of sinking fund commissioners to appraise at their fair
market value, not exceeding par, the securities held in the sinking
fund pertaining to that issue, and if it should then appear that the
said fund, together with the further appropriations to be made there-
to, and with interest at four per centum per annum upon said fund
and the accumulations thereof and the appropriations thereto, will
not be adequate to pay the said bonds, notes, or other obligations.
at maturity, 1t shall then be the duty of the said board to determine
and certify to the council the amount of such further annual appro-
priation as will, with interest and accumulations as aforesaid, be
adequate for said purpose; and a similar appraisal, determination,
and certification shall be made to the said board every five vears
thereafter during the term of the said issue; and the council and
city treasurer, respectively, shall rest under the same duty in respect
of the appropriation and payment of said further sum or sums as
in respect of the appropriation and payment of the sum originally
provided for.

(6) In lieu, however, of creating a sinking fund, or sinking
funds, as in clause (5) hereof provided, the city may issue bonds
hereinafter called “serial bonds,” payable in annual installments,
the first of which shall be payable at any time within the fiscal
year succeeding the fiscal year in which the said issue may be au-
thorized; and the last of which shall be payable within the period of
the probable life of the work or object. for which the debt evidenced
by said bonds was created, ascertained and certified as hereinabove
provided. The several installments in which said serial bonds may
be payable may be equal or finequal as the council may prescribe;
but if unequal the greatest of said installments shall not be more
than double the amount of the smallest.

(7) All bonds issued after April first, 1916, shall be paid at their
respective maturities, and, except in the case of obligations of said
city issued after April first, 1916, and prior to the enactment of this
charter, which mature not more than three vears from the date there-
of, no refunding bonds shall be issued for the payment thereof; pro-
vided, however, that if for any reason there shall not at the time of
the maturity of any such bonds be sufficient funds of said city avail-
able for the payment thereof, it shall be lawful for the city to borrow
moncy and issue negotiable notes to the amount required to pay such
maturity bonds, which notes shall be paid out of taxes to be levied
and collected within the three years next succeeding the year in which
such notes were issued. The payment out of the proceeds of the sale
of any bonds of temporary loans made in anticipation of the sale of
such bonds shall not be deemed a refunding of such temporary loans
within the meaning of this clause. If the council shall fail to make
provision for the payment of any sinking fund installment required
as to any bonds lawfully issued under this section, or of any install-
ment of serial bonds lawfully issued under this section, and such
default shall continue for sixty days, then, and in either of said
events, the city treasurer shall, without further direction from the
council, and notwithstanding any contrary direction from the coun-
cil, pay such sinking fund or serial bond installments from moneys
then in his hands, if sufficient; and, if not, then from the first
moneys that shall come into his hands thereafter.
(8) Pending the issuance or sale of any bonds, notes or other
obligations by this section authorized, or in anticipation of the re-
ceipt of taxes and revenues of the current fiscal year, it shall be
lawful for the city to borrow money temporarily and to issue notes
or other evidences of indebtedness therefor, and from time to time
to renew such temporary loans, to be ultimately repaid from the
proceeds of said bonds, notes, or other obligations, or from the city
taxes and revenues, as the case may be; provided that such tem-
porary loans, including all renewals thereof, if made pending the
issuance or sale of bonds, notes or other obligations, issued under
clause (5) or clause (6) hereof, shall not be made for a period greater
than three (3) years, nor shall they exceed in the aggregate at any
one time the amount of such bonds, notes or other obligations remain-
ing unissued and unsold; and temporary loans made in anticipation
of the receipt of taxes and revenues, including all renewals thereof.
shall not be made for a period greater than one year and shall not
exceed in the aggregate at any one time the uncollected portion of
the estimated revenue for the year in which they are made. AII such
temporary loans shall be evidenced by instruments upon the face of
which there shall be plainly written “temporary loan.” No such loan
made pending the issuance or sale of bonds, notes, or other obliga-
tions under the provisions of clause (5) or clause (6) hereof shall
be valid unless the said bonds, notes or other obligations shall have
been first legally authorized. The provisions of clauses (1) to (6),
inclusive. of this section shall not apply to said temporary loans.

(9) The credit of the city shall not, directly or indirectly, under
any device or pretense whatsoever, be granted to or in aid of any
person, association or corporation. The council shall not issue anv
bonds, notes or other obligations of the city, or increase the indebted-
ness thereof, to an amount greater than eighteen per centum of
the assessed valuation of the real estate in the city subject to taxation
as shown by the last preceding assessment for taxation; provided,
however, that in determining the limitation of the power of the city
to incur indebtedness there shall not be included the classes of in-
debtedness mentioned in sub-sections (a) and (b) of section one
hundred and twenty-seven of the Constitution of the State.

(10) Bonds of said city predicated solely upon the credit of
specific property owned by the city, or solely upon the credit of
income derived from property used in connection with any public
utility owned or operated by the city, may be issued only after the
ordinance authorizing the same has been approved by the affirmative
vote of the majority of the qualified voters of the city voting upon
the question of their issuance at the general election next succeeding
the enactment of the ordinance, or at a special election held for that
purpose, pursuant to any law now in existence or hereafter enacted
providing the method by which cities and towns may vote upon the
issuance of bonds contemplated by clause B, section one hundred and
twenty-seven of the Constitution of this State; and in every such
case the net income from such specific property or from such public
utility or property used in connection therewith, after payment of
operating expenses or so much thereof as shall be necessary for the
purpose, shall be paid by the city treasurer to the board of sinking
fund commissioners and by it set aside to meet the interest and prin-
cipal of such bonds or other obligations in accordance with the terms
of the contract or contracts evidenced by such bonds or other obliga-
tions.

(11) Every ordinance authorizing the issuance of bonds shall
specify the purpose or purposes for which they are to be issued. the
aggregate amount of the bonds, the term for which they shall be
issued, and the rate of interest to be paid thereon. Any such ordi-
nance may be amended by ordinance at any time before the bonds
to be affected by such amendment have been sold. All other mat-
ters relating to such bonds may be determined by resolution. within
the limitations prescribed by such ordinance or by this act.

Sec. 87. Special assessments.—All local or special assessments
shall be made and collected by the director of finance under such
regulations as the council may by ordinance prescribe.

Provision shall be made by ordinance for the method of levying
and apportioning such special assessments, for the publication of
plans, for serving notice upon the owners of property affected, and
for giving to such owners an opportunity to be heard before final
action on the assessment.

Any person affected by such special or local assessment mav
appeal from the decision of the director of finance as to any such
assessment against him to the corporation court of said city.

Sec. 88. Levy for taxes—All goods and chattels of any person
against whom taxes for the city are assexsed may be distrained and
sold for said taxes when due and unpaid in the same manner and to
the same extent that goods and chattels may be distrained and sold
for State taxes.

A tenant by whom payment is made or from whom payment is
obtained, by distress or otherwise, of taxes or levies due the city. by
a person under whom he holds, shall have credit for the same against
such person out of the rents he may owe him, except when the tenant.
is bound to pay such taxes and levies by an express contract with
such person. And where taxes or levies are paid to the city by, anv
fiduciary on any estate in his hands or for which he may be liable,
such taxes and levies shall be refunded out of the said estate.

Sec. 89. Lien for taxes, ete—There shall be a Jien on all real
estate and on each and every interest therein for the city taxes as-
sessed thereon, from the commencement of the year for which they
were assessed, and also for all local assessments which may be made
thereon according to law. There shall also be a lien on any land or
premises for the amount of expense incurred by said city in abating
any nuisance thereon or cutting or removing weeds therefrom, after
notice to the owner thereof by publication or otherwise as may be
provided by ordinance; provided, however, that the lien for the
amount of any such local assessment or for the expense of abating
any nuisance or cutting or removing weeds from any premises shal
not be good against a purchaser of such land or premises for value
without notice except and until from the time that the same shall be
docketed in a book or books kept for that purpose in the office of
the city treasurer and indexed in the name of the person or persons
owning such estate or land at the time the said lien accrued. The
council may require such real estate in the city delinquent for the
non-payment of taxes, or assessments on expenses incurred as above
provided, to be sold for said taxes or assessments or expenses, with
interest thereon at the rate of six per centum per annum, and such
percentage as may be prescribed for charges.

Sec. 90. Sale for taxes.—The city treasurer shall make a report
to the council at one of its sessions in May of each year of al] real
estate in the city delinquent for city taxes assessed thereon for two
vears from the date when said taxes became a lien on said real estate,
and the said council shall approve, or amend and approve, the said
list and give the treasurer due credit for the amount of delinquent
taxes on the list as approved; and thereupon the council! shall direct
the treasurer to sell the said several parcels of real estate so returned
and approved delinquent or so much thereof as may be necessary for
the taxes assessed thereon with interest thereon and such percentage
as it may prescribe for charges; and unless the same shall be pre-
viously paid, said treasurer shall make such sale to the highest bidder
for cash at the front door of the courthouse of said city. on the first
Tuesday in September thence next ensuing, unless otherwise specifi-
cally directed by the council, after having published at least once not
less than ten days nor more than twenty days previous to such sale
in one or more of the daily newspapers published in said city a list
of the several parcels of rea] estate to be sold, describing therein each
parcel of said real estate as it is described on the assessment rolls of
the year for which it is delinquent, together with the name of the
person to whom each parcel is assessed and the amount of the tax
or assessment thereon, interest and charges, to which list shall be
appended a notice of the time and place of the sale of the several
parcels of real estate mentioned therein. Provided, however, that
such real estate as may already have been sold at any delinquent tax
<ale theretofore made and purchased at such sale by the city, shal!
not be sold at such sale. Such sale may be adjourned from day te
day until completed.

sec. 91. Certificate of sale, ete—On such sale the city treasure
shall execute to the purchaser a certificate of sale in which the prop.
erty purchased shall be described and the aggregate amount of tay
or assessment with interest, charges and expenses specified; but the
city treasurer shall not, either directly or indirectly, purchase for
himself any real estate so sold or be interested in the purchas
thereof.

sec. 92. Purchase by the city.—If at any such sale no bid shal
le made for any parcel of land offered for sale equal to the city tax
with the interest and charges thereon, then the same shall be struc]
off to the city and the city treasurer shal] execute to the city a cer
tificate of sale, as hereinbefore provided in the case of any other pur
chaser, and shall deposit such certificate with the city clerk.
Sec. 938. Redemption of land so sold.—The owner of any real
estate so sold, his heirs or assigns, or any person having a lien upon
or right to charge such real estate for debt, or any person having any
interest whatever in said real estate, ay redeem the same by paying
to the purchaser, his heirs or assigns, within two years from the sale
thereof, the amount for which the same was sold, and such addi-
tional taxes thereon as may have been paid by the purchaser, his
heirs or assigns; or, if purchased by the city, such additional sums
as would have accrued for taxes thereon, if the same had not been
purchased by the city, with interest in either event on the said pur-
chase money and taxes at the rate of six per centum per annum, from
the time that the same may have been so paid, or become due, or the
same may be paid within the said two years, to the city treasurer, in
any case in which the purchaser, his heirs or assigns, may refuse to
receive the same, or may not reside, or cannot be found in the city of
Norfolk.

Sec. 94. Saving to persons under disability—Any person under
legal disability whose real estate may have been so sold, or his heirs,
may redeem the same by paying to the purchaser, his heirs or assigns.
or to the city if it become the purchaser, within two years after the
removal of the disability, the amount for which the same was sold,
with the necessary charges incurred by the purchaser, his heirs or
assigns, in obtaining the title under the sale and such additional
taxes on the said real estate as may have been paid by the purchaser,
his heirs or assigns, or assessed, if the city became the purchaser,
with interest thereon at the rate of six per centum per annum, from
the time the same may have been paid or become due, and the actual
value of any improvements that may have been made thereon since
the date of the purchase. Upon such payment within two years after
the removal of such disability the purchaser, his heirs, or assigns,
shall, at the cost of the original owner, his heirs, or assigns, convey
to him or them by deed with special warranty the real estate so sold.

Sec. 95. Deed to purchaser.—The purchaser of real estate sold
for taxes and not redeemed, shall, after the expiration of two years
from the sale, obtain from the city treasurer a deed conveying the
same, wherein shall be set forth what appears of record in the city
treasurer’s office in relation to the sale. When the purchaser has as-
signed the benefit of his purchase the deed may, with his assent, evi-
denced by his joining therein or by a writing annexed thereto, be
executed to his assignee. If the purchaser shall have died, his heirs
or assigns may move the corporation court of said city to order the
city treasurer to execute a deed to them.

Sec, 96. Title of purchaser—When the purchaser of any real
estate sold for taxes, his heirs, or assigns, shall have obtained a deed
therefor, and within sixty days from the date of such deed shall have
caused the same to be recorded, the right or title to such real estate
shall stand vested in the grantee in such deed as it was vested in the
person assessed with the taxes or levies on account thereof the sale
was made at the commencement of the year for which said taxes or
levies were assessed, or in any person claiming under such person.
notwithstanding any irregularity in the proceedings under which
the said grantee claims title. unless such irregularity appears on the
face of the proceedings; provided, however, that if the taxes for the
non-payment of which the same was made were not in arrear, and
such fact be proved by the party entitled to such real estate, such
deed shall be void.

Sec. 97. Title of city.—In case any real estate purchased by the
city, as hereinbefore provided, shall not be redeemed within the time
specified, the city treasurer shall, within sixty days after the expira-
tion of two years from the sale, cause to be recorded in the clerk's
office of the corporation court of the said city a list of all the real
estate purchased by the city at such sale, according to the facts given
in each certificate of sale, as hereinbefore provided, and make oath
thereto that the said list is correct, and that the real estate therein
mentioned has not been redeemed, and thereupon the right or title to
the real estate mentioned in said list shall stand vested in said city
as it was vested in the person assessed with the taxes or levies on
account whereof the sale was made, at the commencement of the
vear for which said taxes or levies were assessed, or in any per-
son claiming under such person as fully and completely as if a
deed had been made to the city for each parcel of real estate men-
tioned in said list. The said list, with the oath thereto, shall be
recorded in the said clerk’s office, in the same manner as is pro-
vided for recording deeds, and indexed in the name of each per-
son whose lands were returned delinquent and sold, and a certi-
fied copy thereof shall in all courts and other places be evidence
of the facts therein stated; provided, however, that the failure
to obtain or record such list shall not invalidate the lien of
the city for any taxes assessed against such real estate, but the city
may, at any time, elect to enforce its lien for such taxes in a court of
equity and in such suit become the purchaser of such real estate; and
provided, further, that the council may make such rules and regula-
tions by ordinance for reconvening any real estate so purchased by
the said city to the owner thereof as may seem proper, or for the re-
lease of said real estate to the owner upon the payment of all taxes
in arrear, costs, and charges; and provided, further, that the city
shall have the right to provide by ordinance for the disposition in
any way that may seem proper to the council of any real estate which
may have been purchased by it at any sale for delinquent taxes, and
shall not have been redeemed.

Sec. 98. Sales for local assessments, etc.—The council may by
ordinance provide the method of making sale of any lands, lots or
premises for non-payment of the amount of any local or special as-
sessments thereon, or for the non-payment of any expense incurred
by the city in abating any nuisance thereon, or cutting or removing
weeds therefrom as provided in section eighty-nine hereof.

Sec. 99. Audit of official accounts.—Upon the death, resignation,
removal, or expiration of the term of any fiscal officer of the city.
other than the director of finance, the director of finance shall make
an audit and investigation of the accounts of such officer, and shall
report the result thereof to the city manager and to the council.
As soon as practicable after the close of each fiscal year an annual
wudit shall be made of all of the accounts of all city officers, and upon
the death, resignation, removal or expiration of the term of the
director of finance, an audit shall be made of his accounts. Such
annual audits and the audit. of the accounts of the director of finance
shall be made by certified public accountants selected by the council.
who have no personal interest, direct or indirect, in any of the
officers or employees of said city, or in the financial affairs of said
city; provided that no such certified pubhe accountant who is other-
wise qualified shall be disqualified to make such audits by reason of
his being a resident of said city and tax-payver therein. The council
may at any time provide for the examination or audit of the ac-
counts of any officer or department of the city government.

Pusnic Proeperry AND FRANCHISES.

Sec. 100. Sale of public property.—The rights of the city of
Norfolk in and to its water-front, wharf property, public landings,
wharves, docks, streets, avenues, parks, bridges and other public
places and its gas, water, electric and other works shall not be sold
except by an ordinance passed by a recorded affirmative vote of
four-fifths of all the members elected to the council and under such
other restrictions as may be imposed by law.

Sec. 101. Limitation of franchises, leases, ete—No franchise,
lease or right of any kind to use any such public property or any
other public property or easement of any description in a manner
not permitted to the general public shall be granted for a longer
period than thirty years.

Sec. 102. Right of city to purchase or take over plant, ete.—
Every grant of a franchise or privilege and every contract therefor
made or granted by the city may provide that at the expiration of
the term or period for which it is made or granted, the city, upon
the payment therefor of a fair valuation thereof to be made in the
manner provided in the grant or contract, may purchase and take
over to itself the plant as well as the property, if any, of the grantee
in the streets, avenues and other public places in its entirety, but in
no case shall the value of the franchise of the grantee be considered
or taken into account In fixing such valuation; or such grant anc
contract may provide that such plant and property shall at the
expiration of such term or period become the property of the city
without any compensation to the grantee.

Sec. 103. How granted.—-No public utility franchise, privilege
lease or right of any kind to use any pubhe property or easement o
any description, and no renewal, wmendment or extension thereo
shall be granted except by ordinanee. Before any such grant shal
he made an ordinance proposing the same shall be printed, a printes
report thereon by the citv manager shall be filed with the counci
and one or more publie hearings shall be held thereon. After th
adoption of the ordinance proposing such grant and before suc]

grant shall be made, except in the case of a trunk railway, bids shall
be received therefor publicly after due advertisement of such ordi-
nance and invitation of bids in such manner as may be provided by
general law. And the procedure upon receiving such bids shall be
as provided by general law so far as the same may be applicable
and not inconsistent with the provisions of this charter.

Sec. 104. Transfer of franchise—No public utility franchise
shall be transferable except with the approval of the council ex-
pressed by ordinance, and copies of all transfers and mortgages or
other documents affecting the title or use of any such public utility
shall be filed with the cit manager within ten days after the execu-
on and delivery thereof.

Sec. 105. Rights reserved to the city.—All grants, renewals, ex-
lensions or amendments of public utility franchises, whether so pro-
vided in the ordinance or not, shall be subject to the right of the city:

(1) To repeal the same by ordinance at any time for misuse or
hon-use or for failure to begin construction within the time pre-
scribed, or otherwise to comply with the terms prescribed.

(2) To require proper and adequate extensions of plant and
“rvices and the maintenance of the plant and fixtures at the highest
practical standard of efficiency.

(3) To establish reasonable rates and standards of service and
Marty of products and prevent unjust discrimination in service

Ta

(4) To prescribe the form of accounts and at any time to examine
and audit the accounts and other records of any such utility; and to
require annual and other reports by each such public utility; pro-
vided that if forms of account shall have been prescribed by the
“tate Corporation Commission of Virginia for public utilities
throughout, the State, the forms so prescribed shall be controlling
<0 far as they go, but the council may prescribe more detailed forms
for the utilities within its jurisdiction.

(5) To impose such other regulations as may be conducive tc
the safety, welfare and convenience of the public.

See, 106. Extensions.—All extensions of public utilities within
the city limits shall become a part of the aggregate property of such
public utility, shall be operated as such and shall be subject to all
the obligations and reserved rights contained in this charter and
in any original grant hereafter made. The right to use and main.
ain any such extension shall terminate with the original grant.

Pusuic ScHOOLs.

Sec. 107. School districts—The said city shall be divided intc
‘wo school districts, one of which shall be known as school district
tumber one, and shall comprise all that portion of the said cit}
which lies to the east of Granby street, and of the prolongation o'
the line of said street northward and southward from the present
termini thereof, and the other shall be known as school district
humber two and shall comprise all that portion of the said city
which lies west of Granby street. and of the prolongation of the
line of said street as aforesaid; provided that the council may by
ordinance, on the recommendation of the school board of said city,
change the number of school districts and prescribe the boundaries
thereof. The number and boundaries of such school districts shall
be reported to the superintendent of public instruction and recorded
in his office, and shall also be recorded in the office of the clerk of
the corporation court of said city.

Sec. 108. School trustees, their number, qualifications and elec-
tion.—On or before the first day of December, nineteen hundred and
eighteen, the council shall elect three school trustees for each of the
said school districts above provided, one of such trustees in each dis-
trict to serve for the term of one year, one for the term of two years
and the third for the term of three years, from the first day of
January, nineteen hundred and nineteen, and until their respective
successors shall have been duly elected and qualified.

‘On or before the first day of December of each year thereafter.
the council shall elect one trustee for each of said school districts to
serve for the term of three years from the first day of January next
following the date of his election and until his successor shall be
duly elected and qualified. In case such school districts shall be
changed by re-districting, the school trustees then in office shall
continue in office until the first day of January following the next
election of school trustees by the council, and the council shall have
the power to elect trustees to meet the requirement caused by
such re-districting, in the same manner and for the same terms as
hereinabove provided, and all trustees in office on said first day of
January following such election shall vacate their offices as soon as
their successors are duly elected and qualified. Any vacancy occur-
ring in the school board shall be filled by the council for the unex-
pired term. The several school trustees in office when this charter
goes into effect shall continue in office until the first day of January,
nineteen hundred and nineteen, when their term shall expire. Each
school trustee shall, at the time of his election, be a resident of the
school district from which he may be elected. Removal from such
district during the term of his office shall vacate his office. Esch
school trustee before entering upon the duties of his office shall take
and subscribe before some oflicer authorized to administer oaths, the
oaths prescribed for State officers, and file said oaths in the office
of the city clerk. No person ineligible as school trustee under the
laws of the State shall be elected a school trustee in said city; pro.
vided, that if and whenever permitted by the Constitution of the
State, women who have attained the age of twenty-one years shal
be eligible to be elected to the said office of school trustee.

Sec. 109. Powers and duties of the school board.—The schoo
trustees of said city shall be a body corporate under the name anc
stvle of the school board of the city of Norfolk, and shall have al
of the powers, perform all of the duties and be subject to all th
limitations now provided or which may hereafter be provided b:
law in regard to school boards of cities, except that all real estate
with the buldings and improvements thereon purchased with money
ippropria ted hy the council or received from any other source for
the purpose of public education, shall be the property of the said
city of Norfolk, unless such money so received from any other source
be received on other conditions. The said school board shall on the
_ first days of the months of January and July in each year transmit
to the council and to the director of finance a detailed statement of
all money received by. said board or placed to its credit and all
moneys disbursed by said board during the preceding six months,
whether suich moneys shall have been appropriated by the council
or received’ from any other source for the purpose of public educa-
tion. Separate accounts shall be kept by the said board of the
moneys appropriated by the council, and moneys received from other
sources, and every such statement shall show the balance of each class

nf funds on hand or under control of said board as. of the date
thereof.

The said school board shall on or before the first day of October
ofeach year prepare and submit to the city manager for his informa-
ion in makmg up the annual budget a detailed estimate of the
auount of money required for the conduct of the public schools of
the city for the ensuing fiscal year, with an estimate of the amount
of all funds which will probably be received by said board for the

purpose of public education from sources other than appropriations
by the council.

Civin SERVICE COMMISSION.

Sec. 110. Creation of civil service commission.—Prior to the first.
way of December, nineteen hundred and eighteen, the council shall
‘lect three qualified voters to constitute the civil service commission
of said city, who shall be elected for terms of two, four and six years,
respectively, from the first day of January, nineteen hundred and
nineteen, and until their respective successors shall have been elected
ind qualified ; and prior to the first day of December of every second
year thereafter, the council shall elect a qualified voter as a member
of the said commission, who shall serve for a term of six years from
the first day of January next following the date of his election, and
until his successor shall have been elected and qualified.

The commission shall elect one of its members president ; and two
rommissioners shall constitute a quorum for the transaction of busi-
hess at any meeting thereof. It shall appoint. as secretary to the
rommission a man who by education and experience is qualified to
conduct the ordinary examinations required by section one hundred
and thirteen hereof. and to act as secretary of the efficiency bureau
hereafter provided for. Each commission, before entering upon the
iluties of his office, shall take the oaths prescribed by the Constitution
of this State. Any vacancies in the commission shall be filled by
eletion by the council for the remainder of the unexpired term.

Sec. 111. Classification —The civil service commission shall

classify all the offices and places of employment in the city with ref-
erence to the examinations hereinafter provided for, except those
offices and places mentioned in section one hundred and fourteen of
this charter. The offices and places so classified by the commission
shall constitute the classified civil service of the city, and no appoint-
ment to any such offices and places shall be made except according
to the rules hereinafter mentioned.

Sec. 112. Rules—The civil service commission shall prescribe.
amend and enforce rules for the classified service, which shall have
the force and effect of law, shall keep minutes of its proceedings and
records of its examinations, and shall make investigations concern-
ing the enforcement and effect of said rules. It shall make an annual
report to the council.

Rules shall provide:

to} For the classification of all positions in the classified service.

2) For open, competitive examinations to test the relative fitnes-
of the applicants for such positions.

(3) E or public advertisement of all examinations at least ten
days in advance in at least one newspaper of general circulation, pub-
lished in the city of Norfolk.

(4) For the creation of eligible lists, upon which shall be entered
the names of successful candidates in the order of their standing in
examination. Selections for positions to be filled in the classified
service shall be made from the five standing highest on said list.
Such lists shall remain in force not longer than two years.

(5) For the rejection of candidates or eligibles who fail to
comply with the reasonable requirements of the commission in regard
to age, residence, sex, physical condition, or who have been guilty
of crimes or of infamous or disgraceful conduct, or who have at-
tempted any deception or fraud in connection with an examination.

(6) For the furnishing of the eligible list to the city manager
or other appointing power.

(7) For a period of probation not to exceed six months, before
appointment or promotion is made complete, during which period a
probationer may be discharged or reduced at the will of the city
manager. After such period of probation, no officer or employee in
the classified service shall be reduced in rank, removed or discharged
except for cause and upon written charges, and after an opportunity
to be heard in his own defense. Such charges shall be investigate
and disposed of by the city manager, whose decision shall be final

(8) For non-competitive examinations for menial positions ir
the city institutions, when competition 1s found to be impracticable

(9) For temporary employment by the city manager, withou
examination, but no such temporary employment shall continu
longer than sixty days, nor shall successive temporary employment
be allowed. —_ oo,

(10) For transfer from one position to a similar position in th
same class and grade, and for reinstatement within one year of per
sons who, without fault or delinquency, are dismissed from th
service or reduced.
(11) For promotion, based on competitive examination and
records of efficiency, character, conduct and seniority. Lists shall
he made and promotions made therefrom in the same manner as
prescribed for original appointment. An advancement in rank or
increase in salary beyond the limit fixed for the grade by the rules
shall constitute promotion. Whenever practicable, vacancies shall
he filled by promotion.

(12) For the appointment of unskilled laborers and such skilled
laborers as the commission may determine and after such tests of
fitness as the commission may prescribe.

Sec. 113. Examinations.—All applicants for offices or places in
the classified service, except as otherwise provided in this charter,
shall be subjected to examination, which shall be public, competitive
and free to all persons eligible under the law, with specified limita-
tons as to residence, age, health, habits and moral character. Such
examinations shall be practical in their character, and shall relate
to those matters which will fairly test the relative capacity of the
persons examined to discharge the duties of the positions to which
they seek to be appointed, and shall include tests of physical quali-
fications and health, and, when appropriate, of manual skill. No
questions in any examination shall relate to political or religious
opinions or affiliations. The commission shall control all examina-
tions, and may, whenever an examination is to take place, unless
the same is to be conducted by the secretary, designate a suitable
number of persons, either in or not in the official service of the city,
to be examiners, and it shall be the duty of such examiners, and, if in
the official service, it shall be a part of their official duty, without
extra compensation, to conduct such examinations as the commission
may direct, and to make return or report thereof to said commission.
and the commission may at any time substitute any other person.
whether or not in such service, 1n the place of any one so selected;
and the members of the commission may themselves at any time act
as examiners, and without appointing examiners.

. 114. Officers exempted from classified service.—Officers who
are elected by the people or who are elected or confirmed by the coun-
l, pursuant to this charter, members of the school board, the
leachers in the public schools and all other persons employed by
‘ald school board, heads of the administrative departments of the
city, and heads or chiefs of bureaus and divisions within said depart-
ments. members of the law department and civil service examiners
shall not be included in such classified service; provided, however
that the council may by ordinance provide that the health officer
oI said city and such of his trained medical assistants as may be
required to give full time to the duties of their positions shall be
included in the classified service. _

Sec. 115. Efficiency bureau.—The heads of the administrative
departments, the chiefs of police and fire de artments, the president
of the civil service commission, together with the city manager a:
chairman, shall constitute an efficiency bureau, whose duty it shal
® to fix standards of efficiency, to investigate and co-ordinate the
methods of operation of the various departments, and to recommeni
measures for increasing individual, group and departmental ef-
ficiency, and to provide for uniformity of compensation and _ for
simplicity of operation. The head of each administrative depart-
ment shall ascertain and report tle comparative efficiency of em-
ployees in the classified service in his department, and shall recom-
mend for dismissal to the city manager those who fall below the
standard of efficiency established. The secretary of the civil service
commission shall also act as secretary to the efficiency bureau. It
shall be his duty to attend the mectings of the bureau, and keep
such a record of its proceedings as may be required by the bureau.

Sec. 116. Suspension of competition.—In case of a vacancy in
2 position requiring peculiar and exceptional qualifications of a
scientific, professional or expert character, upon satisfactory evi-
dence that competition 1s impracticable and that the position can
best. be filled by the selection of some designated person of recognized
attainments, the civil service commission may, after public hearing
and by the affirmative vote of all three commissioners, suspend com-
petition, and recommend to the appointing power the appointment
of the person so selected, but no such suspension shall be general
in its application to such position, and all such cases of suspension
shall be reported, together with the reason therefor, in the annual
report of the commission.

Sec. 117. Application to incumbents.—.All persons in the city
service who, at the time this charter takes effect, hold positions in
the classified service as established pursuant to the provisions hereof
shall be deemed to be on probation for six months from that date in
accordance with paragraph (7) of section one hundred and twelve
hereof. If retained at the completion of the period of probation.
they shall hold their positions until discharged, reduced. promoted
or transferred in accordance with the provisions of this charter.

Sec. 118. List of classified employees—The civil service com-
mission shall maintain a list of all persons in the classified service.
showing in connection with each name the position held, the date
and character of every appointment and of every subsequent change
in status. The head of each administrative department shall
promptly transmit to the commission all information required for
the establishment and maintenance of said Iist.

Sec. 119. Salaries to be paid only after certification—Neither
the city treasurer nor any other disbursing officer shall pay any
salary or compensation for service to any person holding or per-
forming the duties of a position in the classified service unless the
persons paid shall have been appointed or employed and are per-

forming service in accordance with the provisions of this charter

relating to civil service and of the rules established thereunder.

It shall be the duty of the civil service commission to furnish
the treasurer and all other disbursing officers a list of all persons in
the classified service, together with the changes from time to time.

Any tax-payer of the city may maintain an action in the name
of the city in any civil court of record to recover in its behalf anv
sums paid contrary to the provisions of this section from the person
or persons making such payment or fo enjoin the payment of any
sums of moncy in violation hereof.

Sec. 120. Political or religious discrimination prohibited—No
person in the classified service, or seeking admission thereto, shall
be appointed, promoted, reduced or removed, or in any way favored
or discriminated against because of his political or religious opinions
or affiliations. ' |

Sec. 121. Soliciting political assessments, subscriptions or con-
tributions prohibited.—No officer or employee of the city shall, di-
rectly or indirectly, solicit or receive, or be in any manner con-
cerned in soliciting or receiving, any assessment, subscription or con-
tribution for any political party or political purpose whatever, or
for a testimonial for any official. No person shall, orally or by letter,
solicit, or be in any manner concerned im soliciting any assessment,
subscription or contribution for any political party or purpose
whatever from any person holding a position in the classified
service.

Sec. 122. Political activity prohibited—No person holding a
position in the classified service shall take any part in political
management or in political campaigns other than to cast his vote
and to express privately his opinion.

Sec. 123. Penalties for violation of provisions of sections one
hundred and twenty, one hundred and twenty-one and one hundred
and twenty-two.—Any person wilfully violating any of the provi-
sions of sections one hundred and twenty, one hundred and twenty-
one and one hundred and twenty-two hereof shall be guilty of a
misdemeanor, and upon conviction thereof shall be punished by a
fine of not less than ten dollars, nor more than one hundred dollars.

Sec. 124. Appropriations for expense of civil service commis-
sion.—The council shall appropriate each year a sum of money
sufficient to defray the expenses of the civil service commission, and
the city manager shall include the same in the annual budget.

Sec. 125. Annual report to be made to the council.—Within
thirty days after the first day of January, nineteen hundred and
twenty, and within thirty days after the first day of January of
each succeeding year, the civil service commission shall make a re-
port to the council showing its own action, the rules in force, the
practical effects thereof, and any suggestions it may have for the
improvement of the classified service. The council may require a
report from said commission at any other time.

OTHER City OFFICIALS.

Sec. 126. City clerk.—The city clerk shall be elected at the time,
in the manner, and for the term provided by section eleven of this
charter. He may by and with the consent of the council appoint
one deputy and such number of assistants as may be provided for by
ordinance. He shall be the clerk of the council: shall keep a record
of its proceedings, and either he or his deputy shall attend all meet-

ings thereof. He shall keep all books and papers which by the pro-
visions of this charter or by direction of the council, are required to
be kept by or filed with him. He shall be the keeper of the
city seal, and shall affix and attest the same when so directed by the
council. He shall transmit to the city auditor and the city treasurer
copies of all ordinances or resolutions appropriating money or au-
thorizing the payment of money or the issue of bonds or notes, and
shall likewise transmit to the city manager copies of all ordinances
and resolutions relating to the administrative departments of the
city. He shall give information to persons presenting communica-
tions or petitions to the council of the final action of the council
thereon. He shall, except as otherwise expressly provided in this
charter, publish or cause to be published, all reports, ordinances.
and other documents required by this charter to be published, and
also such other reports as the council may by ordinance or resolution
direct. He shall perform such other duties as are required by this
charter, and in general shall perform such acts and duties as the
council shall by ordinance or resolution require of him. Any of the
duties of said city clerk may be performed by his deputy. The citv
clerk and his deputy shall receive such compensation and give such
bond as the council may by ordinance provide.

Sec. 127. The police justice and assistant police justice.—The
police justice of said city shall hold the police court of said city
and shall receive such compensation as is now or may hereafter be
allowed by law. The assistant police justice shall serve as police
justice during such time as the police justice may be absent from the
city or disqualified bv reason of sickness or other cause. In case
of the absence from the city or disqualification by reason of sick-
ness or other cause of both the police justice and assistant police
justice, the police court may be held by one of the justices of said
city to be designated as provided in section one hundred and twenty-
eight hereof.

Sec. 128. Justices of the peace.—On or before the first day of
December, nineteen hundred and eighteen, and on or before the first
day of December of every fourth year thereafter, the corporation
court of said city, or the judge thereof in vacation, shall appoint
for said city one justice of the peace for each ten thousand of the
inhabitants thereof, as shown by the last United States census, each
of whom shall serve for a term of four years from the first day of
January next following the date of his appointment, and until his
successor shall have been appointed and qualified. The said justices
of the peace shall be selected from different parts of the said city
with a view to serving the convenience of the inhabitants of said
city in the several parts thereof. In case of the absence from the
city or the disqualification by reason of sickness or otherwise, of
both the police justice and assistant police justice, the corporation
court of said city, or the judge thereof in vacation, shall designate
one of the justices of the peace of said city to act as police justice
during such absence or disqualification, and the justice so designated
shall for the time being have all of the powers conferred by law upor
such police justice. The justices of the peace in office at the time
this charter becomes effective shall continue in office until the first
day of January, nineteen hundred and nineteen, when their respec-
tive offices shall become vacant.

Sec. 129. High constable—The high constable for said city
shall be elected at the time in the manner and for the term provided
in section eleven of this charter. He shall qualify in the corporation
court of the city of Norfolk and shall give bond with surety to be
approved by said court in the penalty of five thousand dollars, pay-
able to the Commonwealth of Virginia, and conditioned for the
faithful performance of his duties, said bond to be filed in the office
of the clerk of said court. He shall perform such duties, have such
powers and be subject to such penalties as are now or may hereafter
be prescribed by law in reference to constables. Said high constables
may, with the approval of the council, appoint one or more deputies
to execute the duties of his office; but the surety on the bond of said
high constable shall be equally liable for the acts of the said deputy
or deputies as for those of the principal. The council shall have
power to remove the high constable or any of his deputies for cause
and appoint others in their places. The said high constable shall
collect for services rendered by himself and his deputies such fees
as are now or may hereafter be prescribed by law. He shall keep a
full, accurate and detailed account of all such fees and shall pay
over to the city treasurer on the first day of each month all fees col-
lected and received during the preceding month, accompanied by an
itemized statement of such fees verified by his oath. For his services
he shall receive such compensation as the council may by ordinance
provide, and the council shall make provision by ordinance for the
necessary and reasonable expense of conducting his office, including
compensation to his deputy or deputies, which compensation shall be
fixed by the council.

MISCELLANEOUS PROVISIONS.

Sec. 130. Courts, etc—AlIl courts of said city as now consti-
tuted and established by law shall be continued with the same juris-
diction as heretofore.

Wherever power is conferred upon said city by this charter to
make rules and regulations, and impose and enforce penalties for
the protection of any property owned by said city. but situated more
than one mile beyond the corporate limits thereof. the circuit court.
of the county in which such property is located shall have exclusive
jurisdiction of all offenses committed in such county against ordi-
nances of said city prescribing such rules, and regulations, and im-
posing such penalties: and jurisdiction of injunction suits for the
protection of any such property shall be as is now, or may here-
after be, provided by general law.

Sec. 181. Jurisdiction of offenses.—The corporation court of
said city shall have exclusive jurisdiction of offenses under sections
six. nine, forty-seven, one hundred and twenty-three and one hun-
dred and thirty-two of this charter. Prosecutions under said sec-
tions may be begun by presentment, indictment or information.

Sec. 132. Books, records, etc.—A1ll books, records and documents
used by any city officer in his office or pertaining to his duties shall
be deemed the property of said city, and the chief officer in charge
of such office shall be responsible therefor. Any such officer or per-
son made by this section responsible for the keeping of such books,
records and documents shall, within ten days after the end of his
term of office, or within ten days after the date of his resignation or
removal from office, as the case may be, deliver to the city clerk all
such books, records and documents. Any such officer or person
failing to deliver such books, records or documents, as required by
this section, shall be deemed guilty of a misdemeanor and upon con-
viction thereof shall be fined not less than one hundred dollars nor
more than five hundred dollars, or imprisoned not exceeding six
months, or both, in the discretion of the jury.

Sec. 138. Qualification of members of the council and other
officials.—The members of the council before entering upon the
duties of their respective offices shall each take the oaths prescribed
by the laws of this State for State officers. Such oaths may be ad-
ministered by any judge of a court of record commissioned to hold
such court within said city. or by anv justice of the peace within
said city. and the certificate thereof shall be filed with the city clerk
and entered upon the journal of the council. Every other person
elected or appointed to any oflice under this charter or under anv
ordinance of the council. except. clerks and laborers. shall before en-
tering upon the duties of his office take and subscribe said oaths to-
gether with such other oaths as may be required by ordinance, before
anv such court or justice of the peace of said city, and the certificate
of the same shall be filed in the office of said city clerk. The clerk of
the corporation court of said citv shall notify all persons elected by
the people under this charter of their election, and the city clerk shall
notify all persons elected by the council of their election. Tf any
person elected to any office in the said city shall for ten days after
receiving notice of election fail to take such oaths and give such
bonds, with security, as may be required by law or ordinance, he
shall be considered as having declined said office and the same shall
be deemed vacant. and such vacancy shall be filled according to the
provisions of this charter.

Sec. 134. Bonds of officers.—Iixcept in the case of officers whose
bonds are specially provided for by this charter, the council in fixing
the salary of anv officer, clerk or employee of the city. shall deter-
mine whether such officer. clerk or employee shall give bond and
the amount or penalty thereof. All officers required by this charter
to give bond. and all officers. clerks and employees of whom bond is
required by the council, shall, before entering upon their respective
duties, give bond with surety to be approved by the council, con-
ditioned for the faithful performance of the duties of their respec-
tive offices, which bond. unless otherwise specially provided by this
charter, shall be pavable to the said city, and in such penalty as the

council may by ordinance prescribe. The council shall accept as
surety on any such official bond only a good, solvent surety or fidelity
company authorized to do business in this State. The council may
provide that the premium on any such bond shall be paid by the
city. The sureties on the bond of any such officer shall be equally
lable for the acts of any deputy or deputies of such officer as for
those of such officer himself. Unless otherwise specially provided
in this charter, all such bonds shall be filed with and preserved by
the city clerk. The parties to bonds taken in pursuance of this sec-
tion shall be subject to the same proceedings on said bonds for en-
forcing the conditions and terms thereof by motion or otherwise
before the corporation court or circuit court of said city, as are
now or may hereafter be provided by law in the case of collectors of
the county levy and the sureties on their bonds for enforcing pay-
ment of the county levies.

Sec. 135. General disqualifications.—No member of the council,
nor the city manager or any other officer or employee of the city,
shall be. directly or indirectly, interested otherwise than in behalf
of the city, and in his official capacity, in any contract, job, work
or service with or for the city, nor in the profits or emoluments
thereof, nor in the expenditure of any money on the part of the city
other than his fixed compensation. Any contract with the city in
which a member or members of the council, or the city manager, or
any other city official or employee, is interested in violation of the
provisions of this section, may be declared void by the council; or
where two or more members of the council are so interested, such
contract may be avoided at the suit of any citizen. No member of
the council, the city manager, or any other officer or employee of the
city, shall accept any gift, frank, free ticket, pass, reduced price, or
reduced rate of service from any person, firm or corporation operat-
ing a public utility or engaged in business of a public nature within
the city, or from any person known to him to have or to be endeavor-
ing to secure a contract with the city; but the ~rovisions of this
section shal] not apply to the transportation of policemen or fire-
men in uniform or wearing their official badges, when the same
is or may be provided for by ordinance.

Sec. 136. General laws to apply.—All general laws of the State
applicable to municipal corporations now in existence or hereafter
enacted and which are not in conflict with the provisions of this
charter or with ordinances or resolutions hereafter enacted by the
council pursuant to authority conferred by this charter shall be
applicable to the said city; provided, however, that nothing con-
tained in this charter shall be construed as limiting the power of
the council to enact any ordinance or resolution not 1n conflict with
the Constitution of the State or with the express provisions of this
charter.

Sec. 1387. Existing ordinances.—<A1ll ordinances and resolutions
in force at the time of the taking effect of this charter not incon-
sistent with its provisions shall continue in force until amended or
repealed.
Sec. 138. Continuance of present officers.—Upon the taking ef-
fect of this charter on the first day of September, nineteen hundred
and eighteen, all members of the present council of said city, mem-
bers of the board of control, and the mayor, shall go out of office
and their respective offices shall be abolished. The judges of the
several courts of said city, the clerks of such courts, the attorney for
the Commonwealth, the commissioner of the revenue, the city treas-
urer and the city sergeant then in office shall continue in office to
the end of the respective terms for which they were elected and
unti] their respective successors shall have been elected and qualified.
All other persons holding office in said city on the first day of
September, nineteen hundred and eighteen, shall continue in office
and in the performance of their duties until provision shall have
been made in accordance with the provisions of this charter for the
performance or discontinuance of the duties of any such office.
When such provision shall have been made the term of any such
officer shall expire and the office shall be ipso facto abolished. In
case of dispute, the council mav by resolution declare when the
functions and duties of any such oflice or position have been pro-
vided for, and the said office or position abolished, and its decision
thereon shall be final. The powers which are conferred and the
duties which are imposed upon any officer, board, commission or de-
partment of the city under the laws of the State shall, if such office.
board, commission or department is abolished by this charter, be
thereafter exercised and discharged by the officer, board, commission
or department upon whom are imposed corresponding functions,
duties and powers under the provisions of this charter.

Sec. 1389. Continuance of contracts.—All contracts entered into
by the city or for its benefit prior to the taking effect of this charter
shall continue in full force and effect. Al] public works begun prior
to the taking effect of this charter shall be continued and completed
hereunder. Public improvements for which legislative steps shall
have been taken under laws in force at the time this charter takes
effect may be.carried to completion in accordance with the provisions
of such laws.

Sec. 140. Hours of labor.—The council shall have power to pro-
vide by ordinance that on any public work carried on bv the mu-
nicipality, whether done by contract. or otherwise, not to exceed
eight hours a day shall constitute a day’s work: but such ordinance
shall not prevent persons who may he employed for one week or
longer from making up lost time by working longer than eight
hours in any one day; provided they are not required to work more
than forty-eight hours in any one week, nor shall such ordinance
applv in cases of emergency.

Sec. 141. Power to appoint boards or commissions of citizens.—
The council may, at the request of the city manager, appoint boards
or commissions, to be composed of such number of citizens regard-
less of sex as the council] mav deem expedient to act in an advisorv
capacity in conjunction with any one or more of the departments
created or authorized hereby. The members of all such commissions
shall serve without compensation.

Sec. 142. Removal of members of boards and commissions.—
The members of all boards and commissions, whose members are by
this charter elected or appointed by the council, may be removed by
the council at any time for malfeasance or misfeasance or for failure
or neglect to perform any of the duties of their respective offices
or positions.

Sec. 143. Working prisoners.—Subject to the general laws of
the State regulating the working of those convicted of offenses
against the State, the council shall have the power to provide by
ordinance for the employment or the working, either within or
without the city limits, or within or without any city prison or
jail, of all persons sentenced to confinement in said prison or jail
for the violation of the laws of the State of Virginia or the ordi-
nances of the city of Norfolk.

Sec. 144. Pension funds.—The council of said city shall have
authority to establish a fund or funds for the relief or pension of
persons in the classified service of said city; to receive gifts, devises,
and bequests of money or property for the benefit of such fund or
funds; to make contributions of public moneys thereto on such terms
and conditions as it may see fit; and to make rules and regulations
for the management, investment and administration of such fund
or funds.

Sec. 145. Partial invalidity.—If any clause, sentence, para-
graph, or part of this act shall for any reason be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall
not affect, impair or invalidate the remainder of said act, but shall
be confined in its operations to the clause, sentence, paragraph, or
part thereof directly involved in the controversy in which such
judgment shall have been rendered.

Sec. 146. Citation of act.—This act may for all purposes be re-
ferred to or cited as the Norfolk charter of nineteen hundred and
eighteen.

Sec. 147. When charter takes effect.—It being necessary to hold
a municipal election in said city for the election of councilinen on
the second Tuesday in June, nineteen hundred and eighteen, an
emergency is hereby declared to exist, and by reason thereof this
charter shall, for the purpose of nominating and electing council-
men and authorizing the council to employ a city manager as pro-
vided herein, be in effect from and after the date of its passage.
For all other purposes said charter shall take effect on the first day
of September, nineteen hundred and eighteen, from and after which
date the existing charter of said city, approved March fourteen.
nineteen hundred and six, and the several acts amendatory thereof
approved respectively March twelve, nineteen hundred and eight.
March fourteen, nineteen hundred and eight, March seven, nineteen
hundred and twelve, March thirteen, nineteen hundred and twelve.
March thirteen, nineteen hundred and fourteen, March seventeen.
nineteen hundred and fourteen, March twenty-four, nineteen hun.
dred and fourteen, March twenty-five, nineteen hundred and four-
teen, March twenty-five, nineteen hundred and fourteen, February
five, nineteen hundred and fifteen, March four, nineteen hundred and
sixteen, March eleven, nineteen hundred and sixteen, March sixteen,
nineteen hundred and ,sixteen, March seventeen, nineteen hundred
and sixteen, March twenty, nineteen hundred and sixteen, March
twenty, nineteen hundred and sixteen, and March twenty, nineteen
hundred and sixteen, and all other acts and parts of acts inconsistent
with this charter so far as they relate to the city of Norfolk shall be
repealed.